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CHARTER 


OF    THE 


CITY  OF  BUFFALO, '^"v"**'/ 

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Of^^J-o^lx/t    Torn.  i;/9/^.    ^/(y/ 


Digitized  by  the  Internet  Archive 

in  2007  witii  funding  from 

IVIicrosoft  Corporation 


littp://www.arcliive.org/details/cliarterofcityofbOObuffiala 


THE  CHARTER 


OF    THE 


CITY  OF  BUFFALO 


Being  Chapter  No.  217  of  the  Laws  of  1914  of  the  State 

of  New  York,  accepted  by  the  Electors  of  Buffalo 

on  referendum  vote  November  2,  1914. 

Operative  January  1,  1916 


COMMISSION  GOVERNMENT 


Edited  and  Indexed  by 

Daniel  J.  Sweeney 

City  Clerk 


Conuining  List  of  all  Officials  of  the  City 
since  its  incorporation 


PUBLISHED  BY  THE  CITY 
1915 

BUREAU  OF  GOVERNMENT/ 

IRARY  bUILOiNQ 


Jambs  D.  Warrbn's  Sons  Company 

PutUihtri    and    Prlnltrs, 

Buffalo,  N.  Y. 


BUREAU  OF  gc>'e:rnmental  research 

LIBRARY 
44  UBRARY  BUILDING. 

OFFICERS 

OP  THE  GOVERNMENT  OF  THE 

CITY  OF  BUFFALO 

FROM   ITS  INCORPORATION  IN   1832  TO  1915 


AN  ACT  ' '  To  Incorporate  the  City  op  Buffalo,  ' '  Chapter 
179,  Laws  op  1832,  created  the  corporation  of  the  "City  of 
Buffalo,"  dividing  the  city  into  five  wards,  and  providing  for  the 
election  by  the  people  annually,  of  two  Aldermen  and  one  Assessor 
in  each  ward,  the  Aldermen  and  the  Mayor  to  be  known  as  the 
"Common  Council,"  with  power  to  annually  appoint  a  Mayor, 
Clerk,  Treasurer,  Attorney,  Street  Commissioner,  Collector,  Clerk 
of  the  Markets,  Police  Constables,  Pound  Masters,  Porters,  Car- 
riers, Cartmen,  Packers,  Beadles,  Bellmen.  Sextons,  Criers,  Scaven- 
gers, Measurers,  Survey^s^  Weighers,  Sealers  of  Weights  and 
Measures^  and  Gaugers.  ^Following  is  a  list  of  the  Aldermen 
elected  under  this  Charter,  and  the  names  of  the  principal  officers 
appointed  by  the  Council: 


1832 


• 


Mayor Ebenezer  Johnson. 

Clerk Dyre  Tillinghast. 

Treasurer Henry  R.  Seymour. 

Attorney George  P.  Barker. 

Surveyor James  J.  Baldwin. 

Street  Commissioner Edward  Baldwin. 

COMMON  COUNCIL. 

Ist  Ward —  Isaac  S.  Smith,  Joseph  "W.  Brown. 
2d       "         John  G.  Camp,  Henry  Root. 
3d       *'        David  M.  Day,  Ira  A.  Blossom. 
4th     **         Henry  White,  Major  A.  Andrews. 
5th     '*         Ebenezer  Walden,  Thomas  C.  Love. 


•  From  tb*  jttlttl  to  1841,  tta*  Mayor  wm  elected  bj  the  Common  Coancll. 


4  Officers  of  the  City  Government 

1833. 

Mayor Major  A.  Andrews. 

Clerh Elijah  J.  Roberts. 

Treasurer Henry  R.  Seymour. 

Attorney William  A.  Moseley. 

Surveyor James  J.  Baldwin. 

Street  Commissioner Edward  Baldwin. 

COMMON  COUNCIL. 

1st  "Ward — Stephen  Clark,  Joseph  W.  Brown. 
2d       * '         John  G.  Camp,  James  Durick. 
3d       "        George  B.  Webster,  Darius  Burton. 
4th     "         Philander  Bennett,  Moses  Baker. 
5th     '  *         Sheldon  Smith,  Sylvester  Mathews. 

1834. 

Mayor Ebenezer  Johnson. 

Clerk Elijah  J.  Roberts. 

Treasurer Orlando  Allen. 

Attorney William  A.  !Moseley. 

Surveyor James  J.  Baldwin. 

Street  Commissioner  Edward  Baldwin. 

COMMON  COUNCIL. 

1st  Ward — Isaac  S.  Smith,  Stephen  Clark. 

2d       "         Souire  S.  Case,  Henry  Root. 

3d       "         Birdsey  Wilcox,  John  T.  Hudson. 

4th     "         Mosps  Baker,  Elijah  Ford. 

5th     "         Sylvester  Mathews,  James  ^Miller. 

1835. 

Mayor Hiram  Pratt. 

Clerk Theodotus  Burwell. 

Treasurer Plenry  Root. 

Attorney Nathan  K.  Hall. 

Surveyor William  B.  Gilbert. 

Street  Commissioner  Sylvester  ]\Iathews. 


Officers  op  the  City  Government  5 

common  council. 

1st  Ward — John  W.  Clark,  John  Prince. 

2d       **         ISquire  S.  Case,  Orlando  Allen. 

3d       "         Ira  A.  Blossom,  William  F.  P.  Taylor. 

4th     '*         Elijah  Ford,  Noyes  Darrow. 

5th     "         Manly  Colton,  Nathaniel  Voaburgh. 

1836. 

Mayor Samuel  Wilkeson. 

Clerk Elbridge  G.  Spaulding. 

Treasurer A.  J.  Douglas. 

Attorney John  L.  Talcott. 

Surveyor William  B.  Gilbert. 

Street  Commissioner Alanson  Webster. 

COMMON  COUNCIL. 

1st  Ward — John  Prince,  Aaron  Goodrich. 
2d       **         James  Durick,  ^I.  L.  Faulkner. 
3d       **         S.  K.  Grosvenor,  Silas  Sa^^^n. 
4th     *•         Nathaniel  Wilgus,  Harlow  French. 
5th     '*         Dan.  F.  Kimball,  Jeremiah  Staats. 

1837. 

Mayor ...  Josiah  Trowbridge,  M.  D.^ 

Clerk Theodore  C.  Peters. 

Treasurer Hamlet  Scranton. 

Attorney Theodore  C.  Peters. 

Surveyor William  B.  Gilbert. 

Street  Commissioner William  K.  Scott. 

COMMON  COUNCIL. 

1st  Ward — William  Valleau.  William  J.  Mack. 
2d       "        Jacob  A.  Barker,  George  E.  Hayes. 
3d       ' '        Walter  Joy,  Edward  L.  Stevenson. 
4th     "         Nathaniel  Wilgus,  Moses  Baker. 
5th     •'         Pierre  A.  Barker,  Nathan  K.  Hall. 

•  Rcdgned  December  22,  1837,  and  Pierre  A.  Barker  elected. 


6  Officers  of  the  City  Government 

1838. 

Mayor Ebenezer  Walden. 

Clerk  . ; Theodore  C.  Peters. 

Treasurer Hamlet  Scranton. 

Attorney Theodotus  Burwell. 

Surveyor William  K.  Scott. 

Street  Commissioner William  K.  Scott. 

Superintendent  of  Schools. .  .0.  G.  Steele.* 
Police  Justice James  L.  Burton.* 

COMMON  COUNCIL. 

1st  Ward — Daniel  F.  Kimball,  Charles  S.  Pierce. 
2d       "        Squire  S.  Case,  Lucius  Storrs. 
3d       "         William  F.  P.  Taylor,  James  McKay. 
4th     **         Nathaniel  Wilgus,  Moses  Baker. 
5th     "         Charles  Winne,  Alonzo  Raynor. 

1839. 

Mayor Hiram  Pratt. 

Clerk Theodore  C.  Peters. 

Treasurer William  Moore. 

Attorney Harlow  S.  Love. 

Surveyor William  K.  Scott. 

Street  Commissioner  AVilliam  K.  Scott. 

Superintendent  of  Schools. .  .0.  G.  Steele. 
Police  Justice James  L.  Barton. 

COMMON  COUNCIL. 

-'^ordyce  W.  Atkins,  Henry  Lamb. 
Lucius  Storrs,  Thomas  R.  Stocking, 
Wm.  Hollister,  Jr.,  Edw.  L.  Stevenson. 
Morgan  L.  Faulkner,  F.  Dellenbaugh. 
Peter  Curtis,  Augustine  Kimball. 

•  The  office  of  Superintendent  of  Schools  and  Police  Justice  were  created 
by  act  ol  the  LeK'slature  in  1S37,  and  the  Council  was  authorized  to  fill  the  same. 


1st  ^ 

Wa: 

2d 

<( 

3d 

(C 

4th 

( < 

5tli 

(< 

Officers  op  the  City  Government 

1840. 

Mayor ,Sheldon  Thompson.* 

Clerk Squire  S.  Case. 

Treasurer John  R.  Lee. 

Attorney Harlow  S.  Love. 

Surveyor William  K.  Scott. 

Street  Commissioner William  K.  Scott. 

Superintendent  of  Schools. .  .Daniel  Bowen. 
Police  Justice Horace  Clark. 

COMMON  COUNCIL. 

1st  Ward — Henry  Lamb,  Charles  A.  Comstock. 
2d       '*        Xoah  H.  Gardner.  William  Evans.t 
3d       *'        William  Williams,  Horatio  Shumway. 
4th     **         Philander  Bennett,  Fred  Dellenbaugh. 
5th     '*         Peter  Curtis,  Isaac  R.  Harrington. 

1841. 

Mayor Isaac  R.  Harrington. 

Clerk John  T.  Lacy. 

Treasurer William  Williams. 

Attorney ( Jeorge  W.  Houghton. 

Surveyor I  fenry  Lovejoy. 

Street  Commissioner I  lenry  Lovejoy. 

Superintendent  of  Schools. . .  Silas  Kingsley. 
Police  Justice Horace  Clark. 

COMMON  COUNCIL. 

Ist  Ward — Henry  Lamb,  Ephraim  S.  Havens. 
2d       "         Kdward  Root,  Noah  H.  Gardner. 
3d       **         Richard  Sears,  Elbridge  G.  Spaulding. 
4th     "         Philander  Bennett,  0.  G.  Steele. 
5th     "         John  R.  Lee,  Henry  Roop. 


•  Rjr  Chap  21.  Laws  IMO,  Utyon  of  cities  were  made  electire  bjr  thj  people, 
and  5>hel<1on  Thompaon  was  the  first  one  so  chosen  for  BufTalo. 

t  Died,  and  Aaron  Rumsejr  elected  to  the  %-acancy. 


8  Officers  of  the  City  Government 

1842. 

Mayor  George  W.  Clinton. 

Cleric John  T.  Lacy. 

Treasurer John  C.  Lee. 

Attorney Samuel  Wilkeson,  Jr. 

Surveyor Henry  Lovejoy. 

Street  Commissioner  Abram  Herastreet. 

Superintendent  of  Schools. .   Samuel  Caldwell. 
Police  Justice Horace  Clark. 

COMMON  COUNCIL. 

1st  Ward — Ephraim  S.  Plavens,  Erasmus  D.  Robinson 
2d       •*         Noah  H.  Gardner,*  Lucius  H.  Pratt. 
3d       "         John  Wilkeson,t  Orasmus  H.  Marshall. 
4th     ''         Oliver  G.  Steele,  Nelson  Randall. 
5th     "         Hiram  W.  Pierce,  Ashahel  Camp. 

1843. 

Mayor Joseph  G.  Hasten, 

Clerk John  T.  Lacy. 

Treasurer George  C.  White. 

Attorney Asher  P.  Nichols. 

Surveyor Henry  Lovejoy. 

Street  Commissioner  Charles  S.  Pierce. 

Superintendent  of  Schools . . .  Samuel  Caldwell. 
Police  Justice Horace  Clark. 

COMMON  COUNCIL. 

-John  Cummings,  Patrick  Smith. 
Francis  S.  Ellis,  Alex  IMcCulloch,  Jr. 
Abel  M.  Grosvenor.  Manuel  Taff. 
William  R.  Andrews,  Thompson  Hersee. 
Hiram  W.  Pierce,  Elbridge  Farwell. 

•  Resigned,  and  Elisha  A.  Maynard  elected  to  the  vacancy, 
t  Resigned,  and  Abel  M.  Grosvenor  elected  to  the  vacancy. 


1st  Ward- 

2d 

<( 

3d 

11 

4th 

c  t 

5th 

<  ( 

Officers  of  the  City  Government 

1841 

Mayor William  Ketchmn. 

Clerk John  T.  Lacy. 

Treasurer Robert  Pomeroy. 

Attorney Seth  E.  Sill. 

Surveyor Henry  Lovejoy. 

Street  Commissioner Isaac  T,  Hathaway. 

Superintendent  of  Schools. .  .Elias  S.  Hawley. 
Police  Justice Elisha  A.  Maynard. 

COMMON  COUNCIL. 

1st  Ward — John  Cummings,  Patrick  Smith. 
2d       "         Samuel  F.  Pratt,  Francis  S.  Ellis. 
3d       **         Daniel  Bowen,  Hiram  Barton. 
4th     *'         James  DeLong,  Thompson  Hersee. 
5th     "         Lewis  L.  Hodges,  Samuel  G.  Walker. 


1845. 

Mayor Joseph  G.  Masten. 

Clerk Joseph  Stringham. 

Treasurer  William  Lovering. 

Attorney Eli  Cook. 

Surveyor ITenry  Lovejoy. 

Street  Commissioner Abram  Hemstreet. 

Superintendent  of  Schools. .  .0.  G.  Steele. 
Police  Justice E.  A.  Maynard. 

COMMON  COUNCIL. 

Ist  Ward— Walter  W.  Stanard,  Patrick  Smith. 
2d       "         Orlando  Allen,  Sherman  S.  Jewett 
3d       "        Daniel  Bowen,  C.  A.  Van  Slyke. 
4th     "         Thompson  Hersee,  Chas.  Esslinger. 
5th     "         William  Williams,  Robert  Russell. 


10  Officers  op  the  City  Government 

1846. 

Mayor  Solomon  G.  Haven. 

Clerk 1\I.  Gadwallader. 

Treasurer James  Crooker. 

Attorney  . .    James  Mullett. 

Surveyor Henry  Ix)vejoy. 

Street  Commissioner Samuel  G.  Walker. 

Superintendent  of  Schools. .  .Daniel  Bowen. 
Police  Justice Pearly  A.  Child. 


COMMON  COUNCIL. 

1st  Ward — Patrick  Smith,  Jacob  W.  Banta. 
2d       **         Sherman  S.  Jewett,  Samuel  T.  Atwater, 
3d       "        George  R.  Babcock,  Lester  Brace. 
4th     "         Nelson  Ransdall,  Harlow  French. 
5th     **         Benoni  Thompson,  Samuel  Haines. 


1847. 

Mayor Elbridge  G.  Spaulding. 

Clerk Jesse  Walker. 

Treasurer John  R.  Lee. 

Attorney James  Sheldon,  Jr. 

Surveyor Henry  Lovejoy. 

Street  Commissioner  Samuel  G.  Walker. 

Superintendent  of  Schools. .  .Elias  S.  Hawley. 
Police  Justice Pearly  A.  Child. 


COMMON  COUNCIL. 

1st  Ward — Jacob  W,  Banta,  Patrick  Smith. 

2d       "         Orlando  Allen,  Latham  A.  Burrows. 

3d       "         Calvin  Bishop,  Hiram  Barton. 

4th     "         Albert  S.  Merrill,  Oliver  G.  Steele. 

5th     *'         Luman  K.  Plimpton,  Watkins  Williams. 


Officers  op  the  City  Government  11 

1848. 

Mayor Orlando  Allen. 

Clerk Jesse  Walker. 

Comptroller M.  Cadvvallader.* 

Treasurer John  R.  Lee. 

A  ttorney J.  F.  Brown. 

Surveyor Henry  Love  joy. 

Street  Commissioner Samuel  G.  Walker. 

Superintendent  of  Schools. .  .Elias  S.  Hawley. 

Police  Justice Pearly  A.  Child.  * 

COMMON  COUNCIL. 

1st  Ward— Walter  W.  Stanard,  John  M.  Smith. 
2d       "         Daniel  Bowen,  Daniel  M.  Vanderpool. 
3d       "         Levi  Allen,  Paul  Roberts. 
4th     **         Albert  S.  Merrill,  Harry  H.  Matteson. 
5th     "         Luraan  K.  Plimpton,  Watkins  Williams. 

1849. 

Mayor Hiram  Barton. 

Clerk  : Jesse  Walker. 

Comptroller M.  Cadwallader. 

Treasurer John  R.  Lee. 

Attorney Charles  D.  Norton. 

Surveyor Henry  Lovejoy. 

Street  Commissioner Samuel  G.  Walker. 

Superintendent  of  Schools. .  .Daniel  Bowfu. 
Police  Justice Pearly  A.  Child. 

COMMON  COUNCIL. 

1st  Ward — Warren  Lampman,  Horace  Thomas. 
2d       "         Sherman  S.  Jewett,  IMyron  P.  Bush. 
3d        •'         Samuel  A.  Bigelow,  Charles  F,  :Miller. 
4th     "         Albert  S.  Merrill,  Harrison  Park. 
5th     "         William  K.  Scott,  Lucius  F.  Tiffany. 


•  Th«  ConncU  WM  authorized  in  1813  to  appoint  Comptroller,  but  none  wu 
cboMn  until  184^. 


12  Officers  op  the  City  Government 

1850. 

Mayor Henry  K.  Smith. 

Clerk Horatio  Seymour,  Jr. 

Comptroller M.  Oadwallader. 

Treasurer  Dianiel  T.  Marey. 

Attorney James  Wadsworlh. 

Surveyor Henry  Lovejoy. 

Street  Commissioner . .  .Albert  S.  Merrill. 

Superintendent  of  Schools . . .  Henry  K.  Viele. 
Police  Justice .Pearly  A.  Ciiild. 

COMMON  COUNCIL. 

1st  Ward — Jacob  W.  Banta,  John  Walsh. 

2d       "         Myron  P.  Bush,  Milo  W.  Hill. 

3d       "         Paul  Roberts,  Miles  Perry. 

4th     **         Harrison  Park,  Abram  S.  Swartz. 

5th     * '         Lucius  F.  Tiffany,  George  L.  Hubbard. 

1851. 

Mayor James  Wadsw  orth. 

Clerk William  L.  G  Smith. 

Comptroller M.  Cadwallader. 

Treasurer Cyrenius  C,  Bristol. 

Attorney Eli  Cook 

Surveyor Henry  Lovejoy. 

Street  Commissioner Abram  Hemstreet. 

Superintendent  of  Schools. .  .0.  G.  Steele. 
Police  Justice Pearly  A.  Child. 

COMMON  COUNCIL. 

1st  Ward — Charles  S.  Pierce,  John  Walsh. 

2d       "        xMilo  W.  Hill,  Myron  P.  Bush. 

3d       '•        Alexander  McKay,  Paul  Roberts. 

4th     "         Abram  S.  Swartz,  Harrison  Park. 

5th     '*         Lucius  F.  Tiffany,  George  L.  Hubbard. 


eUREAU  Of  GO\'L  .    V-ENTAL  RESEARCH 

LJBRARY 

44  LIBRARY  BUILDING 

Officers  of  the  City  Government  13 

1852 

Mayor Hiram  Barton. 

Clerk .  Roswell  L.  Burrows. 

Comptroller M.  Cadwallader. 

Treasurer George  R.  Kibbe. 

Attorney Cyrus  0.  Poole, 

Surveyor Henry  Lovejoy. 

Street  Commissioner James  Howells. 

Superintendent  of  Schools . . .  Victor  M.  Rice. 
Police  Justice Charles  R.  Gold. 

COMMON  COUNCIL. 

1st  Ward — John  Walsh,  Charles  S.  Pierce. 

2d       "         John  R.  Evans,  Milo  W.  Hill. 

3d       *'         Asaph  S.  Bemis,  Alexander  McKay. 

4th     "         James  C.  Harrison,  Abram  S.  Swartz. 

5th     "         Albert  L.  Baker,  Lucius  F.  Tiffany. 

1853. 

Mayor Eli  Cook. 

Clerk Roswell  L.  Burrows. 

Comptroller M.  Cadwallader. 

Treasurer George  R.  Kibbe. 

Attorney Cyrus  0.  Poole. 

Surveyor Henry  Lovejoy. 

Street  Commissioner John  Howells. 

Superintendent  of  Schools. .  .Victor  M.  Rice. 
Police  Justice Charles  R.  Gold. 

COMMON  COUNCIL. 

Ist  Ward — Charles  S.  Pierce,  John  Walsh. 

2d       "        Chandler  J.  Wells,  John  R.  Evans. 

3d       "        Alexander  McKay.  A.saph  L.  Bemis. 

4th     "         Daniel  Devening,  Jr.,  James  C.  Harrison. 

5th     "         Hunting  S.  Chamberlain,  Albert  L.  Baker. 


14  Officers  of  the  City  Government 

1854. 

AN  ACT  entitled,  "An  Act  to  Revise  the  Chaeter  of  the 
City  of  Buffalo,  and  to  Enlarge  its  Boundaries,"  Chapter 
230,  Laws  of  1853,  divided  the  city  into  thirteen  wards,  and  pro- 
vided for  the  election  of  two  Aldermen  in  each  of  them,  and  also 
for  the  election  by  the  people  of  a  Mayor,  Kecorder,  Comptroller, 
Attorney,  Street  Commissioner,  Treasurer,  Eeceiver  of  Taxes, 
Surveyor,  Superintendent  of  Schools,  Police  Justice,  Chief  of 
Police,  Overseer  of  the  Poor,  and  three  Assessors,  all  for  a  term 
of  two  years,  except  the  Assessors,  who  were  chosen  for  three 
years,  and  the  Eecorder  and  Police  Justice  for  four  years.  The 
Council  was  authorized  to  appoint  a  presiding  officer  from  their 
own  number,  and  to  elect  a  City  Clerk,  and  other  subordinate 
officers.  By  this  act  the  city  was  enlarged  and  its  limits  were 
extended  so  as  to  include  the  town  of  Black  Rock  on  the  north, 
east,  south  and  west.  "^  The  following  is  a  list  of  the  persons  chosen 
to  the  principal  offices  under  this  Charter: 

Mayor Eli  Cook. 

Comptroller William  Chard.* 

Treasurer  John  R.  Evans. 

Eeceiver  of  Taxes Michael  Banner. 

Attorney John  Ilubbell. 

Surveyor George  Cole. 

Street  Commissioner  Jacob  L.  Barnes. 

Superintendent  of  Schools.    .EphraimF.  Cook. 

Overseer  of  Poor Robert  Nevitt. 

Police  Justice   George  Drullard. 

Assessors    Benjamin   Hodge,    Samuel 

G.  Walker,  A.  C.  ]\Ioore. 

COMMON  COUNCIL. 

President — Stephen  W.  Howell.t 
City  Clerk — toswcll  L.  Burrows. 
1st  Ward— John  H.  Bidwell,  Charles  S.  Pierce. 
2d       "         Daniel  D.  Bidwell,  Chandler  J.  Wells. 
3d       "         George  W.  Barker,  Samuel  Slade. 
4th     **         Hiram  Chambers,  John  J.  Weber. 
5th     **         Edward  Bennett,  Henry  Lamb. 


♦  Did  durlnsr  this  year,  and  William  Ketohum  was  elected  by  the  Council 
for  the  remainder  of  the  term. 

t  Prior  to  this  date  the  Mayor  acted  as  P.esident  of  the  Coaomon  Council. 


Officers  of  the  City  Government  15 

6th  Ward — Harry  Miller,  Solomon  Scheu. 

Tth  "  Alien  S.  Plumley,  Edwin  Thayer. 

8th  **  Zoroster  Bonuey,  Bartholomew  Logan. 

9th     *'  Asaph  S.  Bemis,  Charles  F.  Miller. 

10th  "  Michael  Clor,  Watkins  Williams. 

11th  "  l^Yanklin  A.  Alberger,  James  Haggart. 

12th  "  Stephen  W.  Howell,  Fayette  Rumsey. 

13th  *'  Joseph  A.  Bridge,  Samuel  Twichell,  Jr. 

1855. 

Mayor Eli  Cook. 

Comptroller William  Ketchum. 

Treasurer  John  R.  Evans. 

Receiver  of  Taxes Michael  Banner. 

Attorney John  Hubbell. 

Surveyor    George  Cole. 

Street  Commissioner Jacob  L.  Barnes. 

Superintendent  of  Schools. .  .Ephraim  F.  Cook. 

Overseer  of  Poor Robert  Nevitt. 

Police  Justice  George  Drullard. 

Assessors    Samuel  G.  Walker,  Benja- 
min Hodge,  W.  W.  Stanard. 

COMMON  COUNCIL. 

President — Charles  S.  Pierce. 

City  Clerk — HosA^'ell  L.  Burrows. 

1st  Ward— John  H.  Bidwell,  Charles  S.  Pierce. 

2d       "        Levi  J.  Waters,  Chandler  J.  Wells. 

3d       "         Samuel  Slade.  George  W.  Barker. 

4th     "  Hiram  Chambers,  John  J.  Weber. 

5th     "         Frederick  Dellenbaugh,  Edward  Bennett. 

6th     "         Solomon  Scheu,  Harry  Miller. 

Tth     *•         .\.  J.  McNett,  Allen  S.  Plumley. 

8th     **         (leorge  J.  Rehm,  Z.  Bonney. 

9th     "         John  F.  Lockwood.  C.  F.  Miller. 
10th     **  Dennis  Bowen.  Watkins  Williams. 

11th     **         ^redenck  P.  Stevens.  James  Haggart. 
12th      "         J>.  P.  Dayton.  Fayette  T?umsey. 
13th     "         William  C.  Prescott.  Joseph  A.  Bridge. 


16  Officers  of  the  City  Government 

1856. 

Mayor  Frederick  P.  Stevens. 

Comptroller  Charles  S.  Pierce. 

Treasurer William  L.  G.  Smith. 

Receiver  of  Taxes Solomon  Scheu. 

Attorney Andrew  J.  McNett. 

Surveyor    George  Cole. 

Street  Commissioner  Patrick  Smith. 

Superintendent  of  Schools..  .Ephraim  F.  Cook. 

Overseer  of  Poor John  Rodney. 

Police  Justice  George  Drullard. 

Assessors    Samuel  G.  Walker,   Thos. 

B.  Shepard,  Francis  G. 

Pattison. 

COMMON  COUNCIL. 

President — Lewis  P.  Dayton. 

City  Clerk— William  H.  Albro. 

1st  Ward — 'John  H.  Bidwell,  Jarvis  Davis. 

2d       "         Levi  J.  Waters,  Chandler  J.  Wells. 

3d       *'         Norman  Haverman,  James  0 'Brian. 

4th     *'         Hiram  Chambers,  Hiram  P.  Thayer. 

5th     **         Frederick  Dellenbaugh,  Edward  Bennett. 

6th     "         Lorenz  Gillig,  Peter  Rechtenwalt. 

7th     "         Allen  S.  Plumley.  William  Hellriegel. 

8th     "         George  G.  Rehm,  Thomas  Merrigan. 

9th     "         J.  F.  Lockwood,  Hunting  S.  Chamberlain. 
10th     '*         Dennis  Bowen,  Miles  Jones. 
11th     **         Edward  S.  Dann,  Henry  P.  Clinton. 
12th     "         L.  P.  Dayton,  John  Ambrose. 
13th     "         William  C.  Prescott,  Joseph  A.  Bridge. 

1857. 

Mayor  Frederick  Stevens. 

Comptroller  Charles  S.  Pierce. 

Treasurer  William  L.  G.  Smith. 

Receiver  of  Taxes Solomon  Scheu. 


Officers  of  the  City  Government  17 

Attorney Andrew  J.  McNett. 

Surveyor    George  Cole. 

Street  Commissioner  Patrick  Smith. 

Superintendent  of  Schools . . .  Ephraim  F.  Cook. 

Overseer  of  Poor John  Rodney. 

Police  Justice  George  Drullard. 

Assessors    Jarvis     Davis,     Thos.     B. 

Shepard,  Francis  G.  Pat- 

tison. 

COMMON  COUNCIL. 

President — Lewis  P.  Dayton. 

City  Clerk— '.Villiam  H.  Albro. 

1st  Ward — Michael  Hagen,  John  H.  Bid  well. 

2d       "         Chandler  J.  Wells,  James  B.  Dubois. 

3d       **         James  0 'Brian,  Joshua  Barnes. 

4th     **         Hiram  P.  Thayer,  Stephen  Bettinger. 

5th       *         Edward  Bennett,  Edwin  Thayer. 

6th     "         P.  Rechtenwalt,  Christopher  Rodenbach. 

7th      "         William  Hellriegel,  Henry  A.  Goodrich. 

8th     "         Thomas  ^Merrigan,  Thomas  0 'Grady. 

9th     ''         Hunting  S.  Chaml^erlain,  S.  W.  Carpenter. 
10th     *'         Miles  Jones.  Henry  ^Martin. 
11th      "         Henry  P.  Clinton,  Edward  S.  Dann. 
12th      "         John  Ambrose,  Lewis  P.  Dayton. 
13th      "         Joseph  A.  Bridge,  Benjamin  Dole. 

1858. 

Mayor Timothy  T.  Lockwood. 

Comptroller Charles  S.  Pierce. 

Treasurer C.  A.  W.  Sherman. 

Receiver  of  Taxes Solomon  Scheu. 

Attorney Edwin  Thayer. 

Surveyor    Gustavus  G.  Berger. 

Street  Commissioner  T^evi  J.  Waters. 

Superintendent  of  Schools. .  .Joseph  Warren. 


18  Officers  of  the  City  Government 

Overseer  of  Poor John  Rodney. 

Police  Justice  George  DruUard. 

Assessors    Francis  G.  Pattison,  Jarvis 

Davis,  Thos.  B.  Shepard. 

COMMON  COUNCIL. 

President —  3aniel  Devening,  Jr. 

City  Clerks  Yilliam  H.  Albro. 

1st  Ward— 7  John  H.  Bidwell,  Michael  Hagan. 

2d       '*         James  B.  Dubois,  Chandler  J.  Wells. 

3d       **        Joshua  Barnes,  James  0 'Brian. 

4th     **         Stephen  Bettinger,  Harry  Hersee. 

5th     "  3ela  H.  Colgrove,  Daniel  Devening,  Jr. 

6th     **  Christopher  Rodenbach,  Harry  Miller. 

7th     "         Allen  S.  Plumley,  George  F.  Pfeiffer. 

8th     "         Thomas  0 'Grady.  Thomas  Truman. 

9th     "         Socrates  W  Carpenter,  H.  S.  Chamberlain. 
IQth     "  Henry  Martin,  Alonzo  Tanner, 

nth     "         Edward  S.  Dann,  Henry  P.  Clinton. 
12th     *'         Lewis  P.  Dayton,  John  Ambrose. 
13th     "         Benjamin  Dole,  George  Moore. 


1859. 

Mayor  Timothy  T.  Lockwood. 

Comptroller  Charles  S.  Pierce. 

Treasurer  C.  A.  W.  Sherman. 

Beceiver  of  Taxes Solomon  Scheu. 

Attorney Edwin  Thayer. 

Surveyor    Gustavus  G.  Berger. 

Street  Commissioner  Levi  J.  Waters. 

Superintendent  of  Schools. .  .Joseph  Warren. 

Overseer  of  Poor ^ohn  Rodney. 

Police  Justice  Daniel  D.  Bidwell. 

Assessors    Lorenz  Gillig,   Francis  G. 

Pattison,  Jarvis  Davis. 


Officers  of  the  City  Government 


19 


President- 

City  Clerk- 

1st  Ward- 

2d 

(( 

3d 

(( 

4th     ' 

5th     ' 

6th     * 

7th     * 

8th     ' 

9th     * 

lOth     ' 

11th     ' 

12th     ' 

13th 

( 

COMMON  COUNCIL. 

-Alonzo  Tanner. 
•Charles  S.  Maeoinber. 
•  Michael  Hagan,  Patrick  Walsh. 
Chandler  J.  Wells,  James  B.  Dubois. 
James  0 'Brian,  James  G.  Turner. 
Harry  Hersee,  Jacob  Beyer. 
Daniel  Devening,  Jr.,  John  W.  A.  Meyer. 
Harry  IMiller,  William  Messing. 
George  F.  Pfeiffer,  Frederick  M.  Pratt. 
Thomas  Truman,  Pliny  F.  Barton. 
H.  S.  Chamberlain,  Franklin  A.  Alberger. 
Alonzo  Tanner,  Asaph  S.  Bemis. 
Henry  P.  Clinton,  Austin  A.  Howard. 
John  Ambrose,  Stephen  W.  Howell. 
(I'eorge  Moore,  Lewis  L.  Wilgus, 


1860. 

Mayor Franklin  A.  Alberger. 

Comptroller Alonzo  Tanner. 

Treasurer John  S.  Trowbridge. 

Receiver  of  Taxes Michael  Weidrich. 

Attorney George  Wads^vortll. 

Surveyor    Peter  Emslie. 

Street  Commissioner Levi  J.  Waters. 

•'Superintendent  of  Schools. .  .Sanford  B.  Hunt. 

Overseer  of  Poor Charles  B.  Morse. 

Police  Justice  Daniel  D.  Bidwell. 

Assessors    Francis  G.  Pattison,  Lor- 

enz  Gillig,  Job  Gorton. 


COMMON  COUNCIL. 

President —  \saph  S.  Bemis. 
City  Clerk — 'Charles  S.  Macomber. 
Ist  Ward — John  Hanavan,  Patrick  Walsh. 
2d       **        Nathaniel  Jones,  James  B.  Dubois. 


20  Officers  of  the  City  Government 

3d    Ward — Zadock  G.  Allen,  James  G.  Turner. 

4th  *'  Everard  Palmer,  Jacob  Beyer. 

5th  "  Charles  Beekwith,  John  W.  A.  Meyer 

6th  "  Paul  Goembel,  William  Messing. 

7th  "  Jacob  F.  Schwartz,  Frederick  M.  Pratt. 

8th  "  Robert  Mills,  Pliny  F.  Barton. 

9th  "  James  Adams,  Jacob  L.  Barnes. 

10th  "  George  R.  Yaw,  Asaph  S.  Bemis. 

11th  **  Jacob  Crawder,  Austin  A.  Howard. 

12th"    "  Washington  Russell,  Stephen  W.  Howell. 

13th  "  Thomas  Savage,  Lewis  L.  Wilgus. 

1861. 

Mayor Franklin  A.  Alberger. 

Comptroller Alonzo  Tanner. 

Treasurer John  S.  Trowbridge. 

Receiver  of  Taxes Michael  Weidrich. 

Attorney George  Wadsworth. 

Surveyor    Peter  Emslie. 

Street  Commissioner  Levi  J.  Waters. 

Superintendent  of  Schools. .  .SaJiford  B.  Hunt. 

Overseer  of  Poor Charles  B,  Morse. 

Police  Justice  Daniel  D.  Bidwell. 

Assessors    Job  Gorton,  Lorenz  Gillig, 

Fayette  Rumsey. 

COMMON  COUNCIL. 

President — Asaph  S.  Bemis. 
City  Clerk^Otis  F.  Presbry. 
1st  Ward — -John  Hanavan,  Patrick  Walsh. 
2d       "         Nathaniel  Jones,  Joel  Wheeler. 
3d       **         Zadock  G.  Allen.  Nathaniel  Brush. 
4th     "         Everard  Palmer,  Edward  Storck. 
5th     "         Charles  Beekwith,  Andrew  Grass. 
6th     "         Paul  Goembel,  Jacob  Scheu. 
7th     '*         Jacob  F.  Schwartz,  Frederick  M.  Pratt. 


Officers  op  the  City  Government  21 

8th  Ward— Robert  Mills,  Charles  E.  Felton. 

9th     "         James  Adams,  Ebenezer  P.  Dorr. 
10th     "         George  R.  Yaw,  Asaph  S.  Bemis. 
11th     "         Jacob  Crowder,  Austin  A.  Howard. 
12th     **         Washington  Russell,  Stephen  W.  Howell. 
13th     "  Thomas  Savage,  Thomas  Rutter. 

1862. 

Mayor William  G.  Fai^o. 

Comptroller  Peter  M.  Vosburgh. 

Treasurer Joseph  K.  Tyler. 

Receiver  of  Taxes Jacob  Domedian. 

Attorney Harmon  S.  Cutting, 

Surveyor    Francis  F.  Curry. 

Street  Commissioner  James  0  'Brian. 

Superintendent  of  Schools. . .  John  B.  Sackett. 

Overseer  of  Poor John  McManus. 

Police  Justice  Alonzo  Tanner. 

Assessors    Fayette  Rumsey,  John  H. 

Bidwell,  Job  Gorton. 

COMMON  COUNCIL. 

President — Charles  Beckwith. 

City  Clerk — O'harles  S.  Macomber. 

1st  Ward— 'Patrick  Walsh,  John  Hanavan. 

2d       **        James  B.  Dubois,  Joel  Wheeler. 

3d       "        James  D.  Colie,  Alexander  Brush. 

4th     '•         Orson  C.  Hoyt,  Edward  Storck. 

5th     **         Charles  Beckwith,  Andrew  Grass. 

6th     "         Paul  Goembel,  Jacob  Scheu. 

7th     **         PVederick  Bangasser,  William  A.  Sutton. 

8th     "         Charles  E.  Felton.  Robert  Mills. 

9th     "         Edward  S.  Warren,  Ebenezer  P.  Dorr. 
lOth     •'         George  R.  Yaw,  Asaph  S.  Bemis. 
11th     "         Jacob  Crowder,  Nelson  K.  Hopkins. 
12th     "         Lewis  P.  Dayton,  Peter  Burgard. 
13th     •'         Rodney  M.  Taylor,  Thomas  Rutter. 


22  Officers  of  the  City  Government 

1863. 

Mayor William  G.  Fargo. 

Comptroller Peter  ^l.  Vosburgh. 

Treasurer Joseph  K.  Tyler. 

Receiver  of  Taxes Jacob  Domedian. 

Attorney Harmon  S.  Cutting. 

Surveyor    Francis  F.  Curry. 

Street  Commissioner  James  0 'Brian. 

Superintendent  of  Schools. .  .John  B.  Sackett. 

Overseer  of  Poor John  McManus. 

Police  Justice  Alonzo  Tanner. 

Assessors    Francis  G.  Pattison,  John 

H.     Bidwell,     John     A. 

Smith. 

COMMON  COUNCIL. 

President — Charles  Beek\vath. 

City  Clerk — Charles  S.  ^Tacomber. 

1st  Ward — Patrick  Walsh,  John  Hanavan. 

2d       "         George  B.  Gates,  James  B.  Dubois. 

3d       **         William  P.  Moores,  S.  D.  Colie. 

4th     "         Richard  Flaeh,  Orson  C.  Hoyt. 

5th     "         Elijah  Ambrose,  Charles  Beckwith. 

6th     **         Jacob  Scheu,  Paul  Goembel. 

7th     **         William  A.  Sutton,  Frederick  Bangasser. 

8th     '*         Henry  C.  Persch,  Robert  Mills. 

9th      "         William  I.  Mills,  Edward  S.  Warren. 
10th     **         Seth  Clark,  George  R.  Yaw. 
11th     •*         Nelson  K.  Hopkins,  Jacob  Crowder. 
12th     **         Lewis  P.  Dayton,  Peter  Burgard. 
13th     *'         Christian  Klink,  Rodney  M.  Taylor. 

1864. 

Mayor William  G.  Fargo. 

Comptroller Ralph  Courter. 

Treasurer John  Hanavan. 


Officers  of  the  City  Government  23 

Receiver  of  Taxes Jacob  Domedian. 

Attorney Charles  Beckwith. 

Surveyor    Francis  F.  Curry. 

Street  Commissioner  James  0 'Brian. 

Superintendent  of  Schools. .  .Henry  D.  Garvin. 

Overseer  of  Poor Joseph  Ball. 

Police  Jtistice  William  H.  Albro. 

Assessors    John  H.  Bidwell,  John  A. 

Smith,  John  McManus. 

COMMON  COUNCIL. 

President — Lewis  P.  Dayton. 

City  Clerk— Charles  S.  Macomiber. 

1st  Ward — ^Daniel  Fitzgerald,  Patrick  Walsh. 

2d       "        Phineas  S.  Marsh,  George  B.  Gates. 

3d       **        Alexander  Brush,  William  P.  Moores. 

4th     *'         George  Fisher,  Richard  Flach. 

5th     **         Henry  Nauret,  Elijah  Ambrose. 

6th     "         Paul  Goembel,  Jacob  Scheu. 

7th     **         Joseph  L.  Haberstro,  Thomas  Clark. 

8th     '*         G-eorge  Baraler,  Henry  C.  Persch. 

9th     "         James  D.  Sawyer,  William  I.  Mills. 
10th     "         George  R.  Yaw,  Seth  Clark. 
11th     "         John  Auchinvole,  Nelson  K.  Hopkins. 
12th      "         Peter  Burgard,  Lewis  P.  Da.vton. 
13th     •*         Angus  McPherson,  Christian  Klink. 

1865. 

Mayor William  G.  Fai^o. 

Comptroller Ralph  Courter. 

Treasurer John  Hanavaii. 

Receiver  of  Taxes Jacob  Domedian. 

Attorney Charles  Beckwith. 

Surveyor    Francis  F.  Curry. 

Street  Commissioner James  0 'Brian. 

Superintendent  of  Schools. .  .Henry  D.  Garvin. 
Overseer  of  Poor Joseph  Ball. 


24  Officers  of  the  City  Government 

Police  Justice  William  H,  Albro. 

Assessors    John  A.  Smith,  John  Mc- 

Manus,  John  H.  Bidwell. 

COMMON  COUNCIL, 

President — Nelson  K.  Hopkins. 

City  Clerk — 'Charles  S.  Macomber, 

1st  Ward — Daniel  Fitzgerald,  James  Ryan. 

2d       "         Phineas  S.  ]\Iarsh,  Jonathan  Buell. 

3d       **         Alexander  Brush,  William  P.  Moores. 

4th     **         George  Fisher,  Richard  Flaeh. 

5th     "         Henry  Nauret,  Elijah  Ambrose.* 

6th     **         Paul  Goembel,  Jacob  H.  Pfohl. 

7th     *'         Joseph  L.  Haberstro,  Thomas  Clark.t 

8th     **         George  J.  Bainler,  John  P.  0 'Brian. 

9th     "         James  D.  Sawyer,  William  I.  Mills.* 
10th     "         George  R.  Yaw,  William  C.  Bryant. 
11th     "         John  Auchinvole,  Nelson  K.  Hopkins. 
12th     "         Peter  Burgard,  Henry  A.  Swartz. 
13th     "         Angus  MePherson,  John  Kelly,  Jr. 

1866. 

Mayor Chandler  J,  Wells. 

Comptroller William  F.  Rogers. 

Treasurer Joseph  Churchyard. 

Receiver  of  Taxes Michael  Weidrich. 

Attorney Orcorge  S.  Wardwell. 

Surveyor    John  A.  Ditto. 

Street  Commissioner  Jeremiah  Mahoney. 

Superintendent  of  Schools . . .  John  S.  Fosdick. 

Overseer  of  Poor Joseph  Ball. 

Police  Justice  William  H.  Albro. 

Assessors    John  McManus,   John  H. 

Bidwell,*  Geo.  G.  New- 
man. 

•  Resigned  Oct.  23, 1865. 

t  Resigned  Oct.  23, 1865.  George  J.  Bucbheit  elected  to  fill  vacancy.  Qaali- 
fied  Nov.  13,  1865. 

t  Resigned  Oct.  16, 1865.  S.  8.  Guthrie  elected  to  fill  vacancy.  Qualified 
Nov.  13,1865. 


Officers  op  the  City  Government  25 

common  council. 

President — Joseph  L.  Haberstro. 

City  Clerk — Charles  S.  Macomber. 

1st  Ward — James  Ryan,  Thomas  Whalen. 

2d       "         Jonathan  Buell,t  Phineas  S.  Marsh.* 

3d       "         W.  P.  Moores,  Alexander  Brush. 

4th     '*         Richard  Flach,  Jacob  Beyer. 

5th     "         J.  Henry  Shepard.  August  Hagar. 

6th     *'         Jacob  H.  Pfohl,  Solomon  Scheu. 

7th     "         George  J.  Buchheit,  Joseph  L.  Haberstro. 

8th     *•         John  R.  0 'Brian,  George  J.  Bamler. 

9th     '•         S.  S.  Guthrie,  Henry  I\Torse. 
10th     *'         William  C.  Bryant,  George  R.  Yaw.§ 
11th     "         Nelson  K.  Hopkins,"  John  Auchinvole. 
12th     "         Henry  A.  Swartz,  John  Glassar. 
13th     **         John  Kelly,  Jr.,  Angus  McPherson. 

1867. 

Mayor  Chandler  J.  Wells. 

Comptroller William  F.  Rogers. 

Treasurer  Joseph  Churchyaxd. 

Receiver  of  Taxes Michael  Weidrich. 

Attorney George  S.  Wardwell. 

Surveyor    John  A.  Ditto. 

Street  Commissioner  Jeremiah  Mahoney. 

Superintendent  of  Schools. .  .John  S.  Fosdick. 

Overseer  of  Poor Joseph  Ball. 

Police  Justice  Isaac  V.  Vanderpoel. 

Assessors    John  Mc^Manus,  George  G. 

Newman,  Gregory  Ritt. 


•  Died  during  this  year,  and  Grvgonr  Rltt  appointed  by  Common  Council 
to  flll  racancy. 

t  Reaign«d  April  23, 1866. 

:  Resigned  Oct.  1,  1866,  and  Joel  Wheeler  elected  to  fill  vacancy. 
i  Reiigned  Sept.  24, 1866,  and  John  Walls  elected  to  All  vacancy. 
"  Resigned  Oct  6,  I860. 


26  Officers  op  the  City  Government 

common  council. 

President — William  C.  Bryant. 

City  Clerk— J.  D.  Iloyt  Chamberlain. 

1st  Ward — Thomas  Whalen,  James  Ryan.* 

2d       **        Joel  Wheeler,  John  Pierce. 

3d       "         Alexander  Brush,  John  A.  B.  Campbell. 

4th     **         Jacob  Beyer,  Anthony  Stettenbenz, 

5th     "         August  Plagar,  J.  Henry  Shepard. 

6th     **         Solomon  Seheu,  Felix  Bieger. 

7th     **         Joseph  L.  Haberstro,  George  J.  Buchheit. 

8th     **         George  J.  Bamler,  Edward  Madden. 

9th     **         Henry  Morse.  S.  S.  Guthrie. 
10th     "         John  Walls,  William  C.  Bryant. 
11th     "         John  Auchinvole,  Nathaniel  B.  Hoyt. 
12th     **         John  Glassar,  James  W.  Parsons. 
13th     "         Angus  MePherson,  John  Kelly,  Jr. 

1868. 

Mayor  William  F.  Rogers. 

Comptroller Rensselaer  D.  Ford. 

Treasurer Joseph  L.  Haberstro. 

Receiver  of  Taxes Elijah  Ambrose. 

Attorney David  F.  Day. 

Surveyor    George  Vom  Berge. 

Street  Commissioner  Alexander  Brush. 

Superintendent  of  Schools . . .  Samuel  Slade. 

Overseer  of  Poor Joseph  Ball. 

Police  Justice  Isaac  V.  Vanderpoel. 

Assessors    John  McManus,  George  G. 

Newman,   Gregory  Ritt. 

COMMON  COUNCIL. 

President— 'Vsiul  Goembel. 
City  Clerk — ''harles  S.  Macomber. 
1st  Ward — Edward  Byrns,  George  Chambers. 
2d       "        William  B.  Sirret,  John  Pierce. 

*  Resigned  Oct.  21, 1867,  and  Oeorge  Chambers  elected  to  fill  vacancy. 


Officers  of  the  City  Government  27 

3d    Ward— Zadoe  G.  Allen,  John  A.  B.  Campbell. 

4th  **  Frank  CoUignon,  Anthony  Stettenbenz. 

5th  '  ■  Peter  Rechtenwald,*  John  H.  Shepard. 

6th  ♦*  Paul  Goembel,  Felix  Bieger. 

7th  **  John  Giessel,  George  J.  Buehheit. 

8th  "  John  Sheehan.  Edward  Madden. 

9th  "  Henry  ]\Iorse,  Solomon  S.  Guthrie. 

30th  *'  Daniel  C.  Beard,  William  C.  Bryant. 

11th  "  John  Auchinvole,  Nathaniel  B.  Hoyt. 

12th  '*  John  Ambrose.  James  "W.  Parsons. 

13th  **  Angus  MePherson,  John  Kelly,  Jr. 

1869. 

Mayor  William  F.  Rogers.  ' 

Comptroller Rensselaer  D.  Ford. 

Treasurer Joseph  L.  Haberstro. 

Receiver  of  Taxes Elijah  Ambrose. 

Attorney David  F.  Day. 

Surveyor   George  Vom  Berge 

Street  Commissioner Alexander  Brush. 

Superintendent  of  Schools . . .  Samuel  Slade. 

Overseer  of  Poor Joseph  Ball. 

Police  Justice  Isaac  V.  Vanderpoel. 

Assessors    John    McMamus,    Gregory 

Ritt,  Richard  C.  Kinnej'. 

COMMON  COUNCIL. 

President —  ohn  Auchinvole. 
Oity  Clerk  — j«orge  S.  Ward  well. 
1st  Ward — Kdward  Byms,  George  Chambers. 
2d       **        William  B.  Sirret,  John  Pierce. 
3d       "         Zadoc  G.  Allen,  George  G.  Newman. 
4th     **         Frank  Collignon,  Peter  P.  Miller. 
5th     "         Charles  Sauer,  John  Dietzer. 
6th     "         Paul  Goembel,  Kenry  Dilcher. 
7th     •'         John  Gisel.  Donald  Bain. 


*  Died  September  22,  1M8,  and  Charles  Sauer  elected  to  fill  vacancy. 


28 


Officers  of  the  City  Government 


8th  Ward — John  Sheehan,  ;Michael  Keenan. 


9th 
lOth 
11th 
12th 
13th 


Henry  Morse,  James  Van  Buren. 
Daniel  C.  Beard,  Robert  Carmiehael. 
John  Auehinvole,  Elias  S.  Hawley. 
John  Ambrose,  Elisha  Safford. 
Angus  McPherson,  George  Orr. 


1870. 

Mayor  Alexander  Brush. 

Comptroller  Rensselaer  D.  Ford. 

Treasurer  Joseph  L.  Haberstro. 

Receiver  of  Taxes Elijah  Ambrose. 

Attorney Benjamin  H.  Williams. 

Surveyor    John  A.  Ditto. 

Street  Commissioner George  W.  Gillespie. 

Superintendent  of  Schools. .  .Thomas  Lothrop. 

Overseer  of  Poor Francis  J.  Kraft. 

Police  Justice  Isaac  V.  Vanderpoel. 

Assessors    John   MclMJanus,    Grelgory 

Ritt,  Richard  C.  Kinney. 

COMMON  COUNCIL. 

Presidents-John  Pierce. 

City  Clerk— Gfeorge  S.  Wardwell. 

1st  Ward — George  Chambers,  William  B.  Smith. 

2d       **         John  Pierce,  John  Booth. 

3d       **         George  G.  Newman,  Samuel  G.  Peters. 

4th     **         Peter  P.  Miller,  Edward  Storck. 

5th     "         John  Dietzer,  Charles  Groben. 

6th     **         Henry  Dileher,  Michael  Lang. 

7th     **         Donald  Bain,  John  Werrick. 

8th     **         John  Sheehan,  ]\Iichael  Keenan. 

9th     "         Henry  Morse,  Frank  A.  Sears. 
10th     "         Daniel  C.  Beard,  Lewis  M.  Evans. 
11th     **         John  Auehinvole,  Jacob  Scheu. 
12th     **         John  Ambrose,  Isaac  I.  Van  Allen. 
13th     "         Angus  McPherson,  Almus  T.  Patchin. 


Officers  of  the  City  Government  29 

1871. 

Mayor  Alexander  Brush. 

Comptroller tienssel-aier  D.  Ford. 

Treasurer  Joseph  L.  Haberstro. 

Receiver  of  Taxes Elijah  Ambrose. 

Attorney iHenjamin  H.  Williams. 

Surveyor    John  A.  Ditto. 

Street  Commissioner  George  W.  Gillespie. 

Superintendent  of  Schools . . .  Thomas  Lothrop. 

Overseer  of  Poor Francis  J.  Kraft. 

Police  Justice  Oliver  J.  Eggert. 

Assessors    John    MciManus,    Richard 

C.    Kinney,    Oliver    G. 

Steele,  Jr. 

COMMON  COUNCIL. 

President — John  Sheehan. 

City  Clerk— Thomas  R.  Clinton. 

1st  Ward— William  B.  Smith,  Patrick  Walsh. 

2d       **        John  Booth,  John  Pierce. 

3d       "        Samuel  G.  Peters,  John  Kelly,  Jr. 

4th     '•         Edward  Stork,  Walter  S.  Ovens. 

5th     **         Charles  Groben,  Joseph  Bork. 

6th     "         ]\richael  Lang.  John  Henry  Fisher. 

7th     "         John  Werrick,  George  Rochevot. 

8th     "         John  Sheehan,  Daniel  Cruice. 

9th     **         Frank  A.  Sears,  James  Van  Buren. 
10th     "         Lewis  M.  Evans,  Robert  Oarmichael. 
11th     "         Jacob  Scheu,  George  W.  Zink. 
12th     •'         Isaac  I.  Van  Allen,  Charles  L.  Dayton. 
13th     "  Almus  T.  Patchin.  William  Dawrs. 


1872. 

AN  ACT  entitled  "An  Act  to  Revise  the  Charter  or  the 
CiTT  or  BUJTALO,"  passed  April  28,  1870,  left  the  ward  divisions 
substantially  as  before,  and  provided  for  the  election  of  two  Alder- 
men and  one  Constable  in  each  ward,  and  two  Supervisors  in  each 
ward,  except  the  Thirteenth,  which  elected  only  one  Supervisor,  and 


30  Officers  of  the  City  Government 

the  election  by  general  ticket  of  Mayor,  Comptroller,  Attorney, 
Treasurer,  Engineer,  Street  Commissioner,  Superintendent  of  Edu- 
cation, Police  Justice,  Overseer  of  the  Poor,  three  Assessors  and 
four  Justices  of  the  Peace,  all  for  two  years,  except  the  Constables 
for  one  year,  the  Assessors  for  three  years,  and  the  Police  Justice 
and  Justices  of  the  Peace  for  four  years.  The  office  for  Receiver 
of  Taxes  was  abolished,  and  the  name  of  the  former  office  of  Sur- 
veyor was  changed  to  that  of  Engineer,  and  that  of  the  former 
office  of  Superintendent  of  Schools  changed  to  Superintendent  of 
Education.  Following  is  a  list  of  the  persons  chosen  to  the  prin- 
cipal offices  under  this  Charter: 

Mayor Alexander  Brush. 

Comptroller Louis  M.  Evans. 

Treasurer Joseph  Bork. 

Atiomey Frank  R.  Perkins. 

Engineer  John  A.  Ditto. 

Street  Commissioner James  Franklin. 

Superintendent  of  Education.  Josephus  N.  Lamed. 

Overseer  of  Poor Francis  J.  Kraft. 

Police  Justice Daniel  D.  Nash. 

Assessors  James    ]Mc^Ianus,     L.     C. 

Duempelmann,  Oliver  G. 

Steele,  Jr. 

COMMON  COUNCIL. 

President — Edward  Stork, 

City  Clerk— Walter  C.  Winship. 

1st  Ward — John  Doyle,  Patrick  Walsh. 

2d       "         Benjamin  Dickey,  John  Pierce. 

3d       "         J.  Austin  Seymour,  John  Kelly,  Jr. 

4th     "         Edward  Stork,  Louis  P.  Reichert. 

5th     "         Frank  Sipp,  Joseph  Bork, 

6th     •'         Jacob  Bott,  J.  Henry  Fisher. 

7th     "         John  P.  Einsfeld,  George  Rochevot. 

8th     "         Michael  Keejian,  Daniel  Cruice. 

9th     "         Frank  A.  Sears,  James  Van  Buren. 
10th     '*         Joseph  Churchyard,  Robert  Carmichael. 
nth     "         William  Baynes,  George  W.  Zink. 
12th     '*         John  Frank,  Charles  L.  Dayton. 
13th     "         Andrew  B.  Angus,  Aug.  Prenatt. 


Officers  op  the  City  Government  31 

1873. 

Mayor  Alexander  Brush. 

Comptroller Lewis  ]\I.  Evans. 

Treasurer Joseph  Bork. 

Attorney  Frank  R.  Perkins. 

Engineer  John  A.  Ditto. 

Street  Commissioner James  Franklin. 

Superintendent  of  Education.  Josephus  N.  Lamed. 

Overseer  of  Poor Francis  J.  Kraft. 

Police  Justice Daniel  D.  Nash, 

Assessors  John  ZoU,  Louis  C.  Duem- 

p  e  1  m  a  n  n  ,    Oliver   G. 

Steele,  Jr. 

COMMON  COUNCIL, 

•  President— Frank  A,  Sears. 

City  Clerk— Walter  C.  Winship. 

1st  Ward— jJohn  Doyle,  Timothy  Cotter. 

2d         *        Benjamin  Dickey,  Ellis  Webster. 

3d       •*        J,  Austin  Seymour,  Joseph  W.  Dennis. 

4th     "         Louis  Hermann,  Ix)uis  P,  Reichert. 

5th     **         Frank  Sipp,  William  Ileinrich. 

6th     "         Jacob  Bott,  J.  Henry  Fischer. 

7th     "         John  P.  Einsfeld,  George  Reinheimer, 

8th     ■*         Mich-ael  Keenan,  Charles  Jessemin. 

9th     '*         Frank  A,  Sears,  James. Van  Buren, 
10th     "         Joseph  Churchyard.  Robert  Oarmichael. 
11th     *'         William  Baynes,  Archibald  McLeish. 
12th     "         John  Frank,  Christopher  Laible. 
13th     "         John  J.  Weber,  August  Prenatt. 

1874, 

Mayor  Lewis  P.  Daiyton. 

Comptroller Thomas  R.  Clinton. 

Treasurer Joseph  Bork. 

Attorney  Frank  R.  Perkins. 

Engineer  George  E.  Mann. 


32  Officers  of  the  City  Government 

Street  Commissioner Anthony  Stettenbenz. 

Superintendent  of  Education  .^iWisim  S.  Rice. 

Overseer  of  Poor Francis  J.  Kraft. 

Police  Justice Daniel  D.  Nash. 

Assessors  Pliver  G.  Steele,  Jr.,  Louis 

C.   Duempelmann,   John 

Zoll. 

COMMON  COUNCIL. 

President — Benjamin  Dickey. 

City  Clerk— Walter  C.  Winship. 

1st  Ward — John  Doyle,  Timothy  Cotter. 

2d       "         Ellis  Webster,  Benjamin  Dickey. 

3d       "         Joseph  W.  Dennis,  Joseph  N.  Milehan. 

4th      "         Louis  Hermann,  G.  Fred  Zeller. 

5th     "         William  Heinrich,  Casper  J.  Drescher  . 

6th     **         J.  Henry  Fischer,  Joseph  Jerge. 

7th     "         George  Reinheimer,  John  P.  Einsfeld. 

8th     * '         Charles  Jessemin,  Joseph  Galley. 

9th     ' '         James  Van  Bureu,  Nathan  C.  Simons. 
10th     "         Robert  Carmiehael,  Peter  J.  Ferris. 
11th     "         Archibald  lilcLeish,  George  W.  Zink. 
12th     "         Christopher  Laible,  Isaac  I.  Van  Allen. 
13th     "         John  J.  Weber,  Nathaniel  H.  Lee. 

1875. 

Mayor  Lewis  P.  Dayton. 

Comptroller  Thomas  R.  Clinton. 

Treasurer Joseph  Bork. 

Attorney   Frank  R.  Perkins. 

Engineer  George  E.  Mann. 

Street  Commissioner Anthony  Stettenbenz. 

Superintendent  of  Education .  William  S.  Rice. 

Overseer  of  Poor Francis  J.  Kraft. 

Police  Justice Thomas  S.  King. 

Assessors  .Oliver  G.  Steele.  Jr.,  John 

Zoll,  Louis  C.  Duempel- 

mann. 


Officers  of  the  City  Government  33 

common  council, 

President — Elijah  Ambrose.  # 

City  Clerk — Rensselaer  D.  Ford. 

1st  Ward — John  Doyle,  John  H  ana  van, 

2d       *'         Benjamin  Dickey,  William  V.  Woods. 

3d       "         Joseph  N.  INIilehan,  ^lichael  Danahy. 

4th      "         G.  Fred  Zeller,  Charles  Person. 

5th     "         Casper  J.  Dreseher,  Elijah  Ambrose. 

6th      '*  Joseph  Jerge,  Jacob  Iliemenz. 

7th     "         John  P.  Einsfeld,  John  C.  Weber. 

8th     **         Joseph  Galley,  Michael  Keenan. 

8th     **         Nathan  S.  Simons,  Clarence  D.  Simpson, 
10th     "         Peter  J.  Ferris.  Merritt  Nichols, 
nth     "         George  W.  Zink,  John  Auchinvole. 
12th     "         Isaac  I.  Van  Allen,  William  Farmer. 
13th     "         Nathaniel  II.  I^ee,  Charles  Dickman. 

1876, 

Mayor  Philip  Becker, 

Comptroller  Lewis  M.  Evans. 

Treasurer Henry  D.  Keller. 

Attorney   John  B.  Greene. 

Engineer  George  E.  Mann. 

Street  Commissioner Charles  Jessemin. 

Superintende7it  of  Education.  Willrsim  S.  Rice. 

Overseer  of  Poor John  C.  Level. 

Policfi  Justice Thomas  S.  King. 

Assessors  Oliver  G.  Steele.  Jr.,  John 

Zoll,  John  C.  Sheehan. 

COMMON  COUNCIL. 

President — Asaph  S.  Bemis. 
City  Clerk — Rensselaer  D.  Ford, 
Ist  Ward — John  Ilanavan.  John  White, 
2d       "        William  V.  Woods,  Albert  L.  Lothridge. 
3d       "        Michael  Danahy,  Alfred  H.  Neal. 


34  Officers  of  the  City  Government 

4th  Ward —  Charles  Pei-son,  Asaph  S.  Bemis. 

5th  I'  Elijah  Ambrose,  Jacob  Benzinger. 

6th  '*  Jacob  HiemeiLZ,  Henry  J.  Baker. 

7th  **  John  C.  Weber,  Donald  Bain. 

8th  "  Michael  Keenan,  John  Pfeil. 

9th  "  Clarence  D.  Simpson,  Nathan  C,  Simons. 

10th  "  Merritt  Nichols,  Peter  J.  Ferris. 

11th  "  'John  Auchinvole,  Christopher  Smith. 

12th  "  William  Farmer,  Isaac  I.  Van  Allen. 

13th  "  Charles  Dickman,  Michael  Shannon. 

1877. 

Mayor  Philip  Becker. 

Comptroller Lewis  M.  Evans. 

Treasurer Henry  D.  Keller. 

Attorney   John  B.  Greene. 

Engineer  George  E.  Mann. 

Street  Commissioner Charles  Jessemin. 

Superinteiident  of  Education. Willi&m.  S.  Rice. 

Overseer  of  Poor John  C.  Level. 

Police  Justice Thomas  S.  King. 

Assessors John  Fullerton,  John  ZoU, 

John  C.  Sheehan. 

COMMON  COUNCIL. 

President — John  Auchinvole. 
City  Clerk — ^Francis  F.  Fargo. 
1st  Ward — John  White,  James  Ryan. 
2d       "         Albert  L  Lothridge,  Elijah  R.  Saxton. 
3d       "         Alfred  H.  Neal,  Michael  Danahy. 
4th     **         Asaph  S.  Bemis,  Melchior  Lotz. 
5th     "         Jacob  Benzinger,  Henry  J.  Kreinheder. 
6th     **         Henry  J.  Baker,  August  Baetzhold. 
7th     **         Donald  Bain,  George  Baer. 
8th     "         John  Pfeil,  Thomas  Collins. 
9th     "         Nathan  C.  Simons.  Earl  D.  Berry. 
10th     "         Peter  J.  Ferris,  Merritt  Nichols. 


Officers  op  the  City  Government  35 

llth  Ward —  Christopher  Smith,  John  Auchinvole. 

12th     "         Isaac  I.  Van  Allen,  John  Esser. 

13th     "         Michael  Shannon,  William  F.  Wheeler. 

1878. 

Mayor  Solomon  Scheu. 

Comptroller John  C.  Sheehan.  ' 

Treasurer Eugene  Bertrand. 

Attorney   Price  A.  Matteson. 

Engineer  George  Vom  Berge. 

Street  Commissioner James  V.  Hayes. 

Superintendent  of  Education .  Christopher  G.  Fox. 

Overseer  of  Poor John  R.  Walter. 

Police  Justice Thomas  S.  King. 

Assessors  Timothy  J.  Mahoney,  John 

Fullerton,  John  ZoU. 

COMMON  COUNCIL. 

I'resident — John  B.  Sackett. 

City  Clerk— William  P.  Bums. 

Isft  Ward — James  Ryan,  John  White. 

2d       "        John  B.  Sackett,  Elijah  R.  Saxton. 

3d       **        Mieh'a,el  Danahy,  George  B.  Miller. 

4th     **         Francis  Oollignon,  Melchior  Lotz. 

5th     **         Henry  Quinn,  Henry  J.  Kreinheder. 

6th     **         August  Baetzhold,  Gerhard  Lang. 

Tth     **         Harmon  M.  Lockrow,  George  Baer. 

8th     **         Thomas  Collins,  John  Quinn. 

9th     "         John  C.  Bums,  Earl  D.  Berry. 
IQth     "         Merritt  Nichols,  David  R.  Morse. 
11th     **         John  Auchinvole,  Robert  Montgomery. 
12th     "         Charles  H.  Hewitt,  John  Esser. 
13th     "         William  F.  Wheeler,  Henry  H.  Twichell. 

1879. 

Mayor  Solomon  Scheu. 

Comptroller John  C.  Sheehan. 


36  Officers  of  the  City  Government 

Treasurer Eugene  Bertrand,  Jr. 

Attorney   Price  A.  IMattesou. 

Engineer  GTeorge  Vom.  Berge. 

Street  Commissioner James  V.  Hayes. 

Superintendent  of  ^dwca^io ?i. Christopher  G.  Fox. 

Overseer  of  Poor John  R.  Walter. 

Police  Justice Thomas  S.  King. 

Assessors  John  H.  Ludwig,  John  Fiil- 

lerton,  Timothy  J.  Ma- 
honey. 

COMMON  COUNCIL. 

Presidi.nt — ^lerritt  Nichols. 

City  Clerk— William  P.  Bums. 

1st  Ward— John  White,  William  Walsh. 

2d       "         John  B.  Saekett,  Robert  R.  Hefford. 

3d       *'         George  B.  Miller,  John  Higham. 

4th     "         Francis  CoUignon,  August  Beck. 

5th     "         Henry  Quinn,  Lyman  A.  Daniels. 

6th     "         Gerhard  Lang,  Louis  Knell. 

7th     "         Harmon  jNL  Lockrow,  George  F.  Christ. 

8th     "         John  Quinn,  Thomas  Collins. 

9th     "         John  C.  Bums,  George  E.  Matteson. 
](>th     •'         David  R.  Morse,  :Merritt  Nichols. 
11th     "         Robert  ^Montgomery,  IMarcus  ]\L  Drake. 
12th     "  Charles  H.  Hewitt,  John  Esser. 

13th     "         Henry  H.  Twichell,  William  H.  Little. 

1880. 

Mayor  Alexander  Brush. 

Comptroller John  C.  Sheehan. 

Treasurer Joseph  Ball. 

Attorney   Edw-ard  C.  Hawks. 

Engineer  Jasper  S.  Youngs. 

Street  Commissioner ^lichael  ^Maghar. 

Superintendent  of  Education  .Chrisio^hQV  G.  Fox. 


Officers  of  the  City  Government  37 

Overseer  of  Poor Henry  T.  Kraft. 

Police  Justice Thomas  S.  King. 

Assessors  John   Fullerton,   John   H. 

Ludvvig,  Timothy  J.  Ma- 
honey. 

COMMON  COUNCIL. 

President — ^Milton  E.  Beebe. 

City  Clerk— WiUiam  P.  Burns. 

1st  Ward— William  Walsh.  John  White. 

2d       "         R.  R.  Hefford,  Milton  E.  Beebe. 

3d       '*        John  Higham,  George  W.  Patridge. 

4th     '*         August  Beck,  John  A.  Miller. 

5th     "         Lyman  A.  Daniels,  Jacob  Benzinger. 

6th     **         Ix)uis  Knell,  Gerhard  Lang. 

7th     "         George  F.  Christ,  August  M.  Witte. 

8th     **         Thomas  Collins,  John  Quinn. 

9th     **         George  E.  Matteson,  Frank  Williams. 
10th     "         Merritt  Nichols.  Thomas  S.  Ray. 
11th     "         Marcus  M.  Drake,  R.  Porter  Lee. 
12th     "         John  Esser,  John  C.  Hanbach. 
13th     "         William  H.  Little,  Henry  J.  Twichell. 

1881. 

Mayor Alexander  Brush. 

Comptroller  John  C.  Sheehan. 

Treasurer Joseph  Ball. 

Attorney   P^dward  C.  Hawks. 

Engineer  Jasper  S.  Youngs. 

Street  Commissioner Michael  Maghar. 

Superintendent  of  Ed«ca^l'on. Christopher  G.  Fox. 

Overseer  of  Poor Henry  T.  Kraft. 

Police  Justice Thomas  S.  King. 

Assessors  John    Fullerton,    John    S. 

Robertson,  John  H.  Lud- 

wig. 


38  Officers  of  the  City  Government 

common  council. 

President — Milton  E.  Beebe. 

City  Clerk — Francis  F.  Fargo. 

1st  Ward — John  White,  Dennis  Hanrahan. 

2d       *'         rslilton  E.  Beebe,  R.  R.  Hefford. 

3d       *'        Greorge  W.  Patridge,  Joseph  jNIaycock, 

4th     **         John  A.  Miller,  August  Beck. 

5th     "         Jacob  Benzinger,  Louis  Fritz. 

6th     "         Gerhard  Lang,  Louis  Knell. 

7th     **         August  M.  Witte,  John  C.  Weber.* 

8th     **         John  Quinn,  James  Rogers. 

9th     **         Frank  Williams,  George  E.  Matteson. 
lOth     "         Thomas  S.  Ray,  Harry  H.  Koch. 
11th     "         R.  Porter  I^ee,  Marcus  M.  Drake. 
12th     "         John  C.  Hanbach,  Pet«r  Glor,  Jr. 
13th     •'         Henry  H.  Twiehell,  William  H.  Little. 

1882. 

Mayor  Grover  Cleveland.^ 

Comptroller Timothy  J.  Mahoney. 

Treasurer Joseph  Ball. 

Attorney   Giles  E.  Stilwell. 

Engineer  Thomas  J.  Rogers. 

Street  Commissioner John  iMalioney. 

Superintendent  of  Education.  J&m.es  F.  Crooker. 

Overseer  of  Poor Henry  T.  Kraft. 

Police  Justice Thomas  S.  King. 

Assessors  John    Fullerton,    John    S. 

Robertson.  John  H.  Lud- 
wig. 

•  Died  May  1, 1881.    Vacancy  not  filled  until  next  general  election. 

t  Resigned  November  20.  1882,  havinK  been  elected  Gcveriior  of  the  State  at 
the  general  election  in  November,  1882,  and  Marcus  M.  Drake  was  appointed, 
by  the  Common  Council,  Mayor  to  fill  the  vacancy  until  a  Mayor  should  be 
elected  by  the  people  ;  and  the  Common  Council  ordered  a  si)ecial  election  for 
that  purpose,  to  be  held  January  9.  1883.  On  December  22,  1882,  Marcus  M. 
Drake  resigned  as  Mayor,  to  take  effect  December  29, 1882,  and  on  liecember  29. 
1S82.  the  Common  Council  elected  Harmon  .S.  Cutting,  Mayor,  to  fill  the  vacancy 
occasioned  by  the  resignation  of  Marcus  M.  Drake.  At  the  special  election, 
held  January  9,  1883.  John  B.  Manning  was  elected  Mayor  for  the  unexpired 
term  of  Mayor  Cleveland. 


Officers  of  the  City  Government  39 

common  council. 

President — George  W.  Patridge. 

City  Clerk— WiUiam  P.  Burns. 

1st  Ward — Dennis  Hanrahan.  John  White. 

2d       "        R.  R.  Hefford,  Charles  B.  Doty. 

3d       **         Joseph  Mayeock,  George  W.  Patridge. 

4th     "         August  Beck,  John  A.  Miller. 

5th     "         Louis  Fritz,  William  C.  Brainard. 

6th     •*         Louis  Knell,  William  Schier. 

7th     **  Henry  Rochevot,  George  Baer. 

8th     "         James  Rogers,  John  Elliott. 

9th     "         Geo.  E.  Matteson,  Alexander  McMaster. 
10th     "         Harry  H.  Koch,  Henry  Montgomery. 
11th     "         Marcus  M.  Drake,  Charles  A.  Rupp. 
12th     "         Peter  Glor,  Jr.,  John  C.  Hanbach. 
13th     "         William  H.  Little,  Henry  H.  Twichell. 

1883. 

Mayor John  B.  Manning. 

Comptroller  Timothy  J.  Mahoney. 

Treasurer Joseph  Ball. 

Attorney   Giles  E.  Stilwell. 

Engineer  Thomas  J.  Rogers. 

Street  Commissioner John  Mahoney. 

Superintendent  of  Education.  J ajn.es  F.  Crooker. 

Overseer  of  Poor Henry  T.  Kraft. 

Police  Justice Thomas  S.  King. 

Assessors  John  S.  Robertson,  John  H. 

Ludwig,  Henry  0.  Dee. 

COMMON  COUNCIL. 

President — Robert  R.  Hefford.  » 

City  Clerk— William  P.  Burns. 
1st  Ward — John  White,  Andrew  Beasley. 
2d       "        Charles  B.  Doty,  Robert  R.  Hefford. 
3d       "        Geo.  W.  Patridge,  Michael  Callahan. 


40  Officers  of  the  City  Government 

4th  Ward — Johu  A.  Miller,  August  Beck. 

5th  "  V7illiam  C.  Brainard,  Louis  Fritz. 

6th  "  William  Sehier.  Jacob  Hesselbeck. 

7th  "  George  Baer,  Alfred  Lyth. 

8th  "  John  Elliott,  John  Davy. 

9th  "  Alexander  McMaster,  William  Fraaiklin. 

10th  ' '  Henr\'  ^Montgomery,  Samuel  V.  Parsons. 

11th  "  Charles  A.  Rupp,  Marcus  M.  Drake. 

12th  "  John  C.  Hanbach,  George  Denner. 

13t.h  **  Henry  II.  Twichell,  William  Summers. 


1884. 

Mayor  Jonathan  Scoville. 

Comptroller Joseph  E.  Barnard. 

Treasurer James  H.  Carmichael. 

Attorney   Headman  Hennig. 

Engineer  Albert  Krause. 

Street  Commissioner John  Martin. 

Superintendent  of  Education. ^saa/^  F.  Crooker. 

Overseer  of  Poor Jacob  Crowder. 

Police  Justice Thomas  S.  King. 

Assessors  John  H.  Ludwig,  Henry  0. 

Dee,  James  S.  Murphy. 


COMMON  COUNCIL. 

President — Robert  R.  Hefford. 
City  Clerk— William  P.  Burns. 
1st  Ward — Andrew  Beasley,  John  White. 
2d       "  Robert  R.  Hefford,  Bradley  D.  Rogers. 

3d       "         ]\Iichael  Callahan,  Geo.  W.  Patridge. 
4th     "         August  Beck,  Jacob  Ginther. 
5th     *'         Louis  Fritz.  Charles  G.  Pankow. 
6th     "         Jacob  Hasselbeck,  Charles  M.  Lederer. 
7th     "         Alfred  Lyth,  Harmon  M.  Lockrow. 
8th     **         John  Davy,  IMichael  Gorman. 


Officers  of  the  City  Government  41 

9th  Ward — William  Franklin,  Alexander  McMaster. 
10th     **         Samuel  V.  Parsons,  Walter  T.  Wilson. 
11th      *'         Marcus  M.  Drake.  William  Richardson. 
12th     "         George  Deuner,  John  C.  Hianbach. 
13th     *'         William  Summers,  Henry  H.  Twichell. 

1885 

Mayor  Jonathan  Scoville. 

Comptroller Joseph  E,  Barnard. 

Treasurer James  H.  Carmichac-l. 

Attorney   Herman  Hennig. 

Engineer  Albert  Krause. 

Street  Commissioner John  Martin. 

Superintendent  of  Education. 'l&m.^  F.  Orooker. 

Overseer  of  Poor Jaicob  Crovvder. 

Police  Justice Thomas  S.  King. 

Assessors  Henry  0.   Dee,   James   S. 

Murphy,  John  H.  Lud- 

wig. 

COMMON  COUNCIL. 

President — William  Franklin. 

City  Clerk— William  P.  Burns. 

Ist  Ward — John  White,  Andrew  Beasley. 

2d       **        Bradley  D.  Rogers,  Joseph  C.  Greene. 

3d       "         George  W.  Patridge,  Michael  Callahan. 

4th     *'         Jacob  Ginther,  Solomon  Scheu,  Jr. 

5th     "         Charles  G.  Pankow,  Jacob  Benzinger. 

6th     "         Charles  M.  Lederer,  John  R.  Walter. 

7th     "         Harmon  M.  Lockrow,  Alfred  Lyth. 

8th     **         Michael  Gorman,  John  J.  Kennedy. 

9th     "         William  Franklin.  Alexander  McMastrr. 
10th     "         Walter  T.  Wilson.  Thomas  S.  Ray. 
11th     **         William  Richardson.  Marcus  M.  Drake. 
12th     "         John  C.  Hanbach,  I»uis  Roesch. 
lath     **         Henrv  H.  TwichoU.  William  Summers. 


42  Officers  op  the  City  Government 

1886. 

Mayor  Philip  Becker. 

Comptroller Joseph  E.  Barnard. 

Attorney   Wm.  F.  Worthington.* 

Treasurer James  H.  Carmichael. 

Engineer Albert  Krause. 

Street  Commissioner John  Martin. 

Superintendent  of  Education .  James  F.  Crooker. 

Overseer  of  Poor Jacob  Crowder. 

Police  Justice Thomas  S.  King. 

Assessors  James  S.  Murphy,  John  H. 

Ludwig,      Nicholas      J. 

:\rock. 

COMMON  COUNCIL. 

President— Greorge  W.  Patridge. 

City  Clerk-^William  E.  Delaney. 

1st  Ward — Andrew  Beasley,  John  White. 

2d       "        Joseph  C.  Greene,  John  H.  Camion. 

3d       "        Michael  Callahan,  George  W.  Patridge. 

4th     "         Solomon  Seheu,  Jr.,  Henry  H.  Little. 

5th     "         Jacob  Benzinger,  Louis  Rodenbach,  Sr. 

6th     "         John  I? .  Walter,  G.  Richard  Kuehn. 

7th     "         Alfred  Lyth,  John  H.  Knepper. 

8th     "  John  J.  Kennedy,  John  ^M.  Laughlin. 

9th     **         William  Franklin,  Alexander  McMaster. 
10th     "         Thomas  S.  Ray,  James  Jamison. 
11th     **         Marcus  M.  Drake.  William  Richardson. 
12th     '•         Louis  Roesch,  Charles  0.  Rano. 
13th     "         William  Summers,  William  Adams. 

1887. 

Mayor  Philip  Becker. 

Comptroller Joseph  E.  Barnard. 

Corporation  Counsel Wm.  F.  Worthington. 

•  By  Chapter  479.  Laws  1886,  title  of  oflace  changed  to  Corporation  Counsel 
and  term  of  oflBce  made  three  years. 


Officers  op  the  City  Government  43 

Treasurer James  H.  Oannichael. 

Engineer  Albert  Krause. 

Street  Commissioner John  Martin. 

Superintendent  of  Education.^ Biases  F.  Crocker. 

Overseer  of  Poor Jacob  Crowder. 

Police  Justice Thomas  S.  King. 

Assessors  John  H.  Ludwig,  Nicholas 

J.  Mock,  James  S.  Mur- 

phy. 

COMMON  COUNCIL. 

President — Ceorge  W.  Patridge. 

City  Clerk— William  E.  Delaney. 

1st  Ward — John  "White,  Dennis  M.  Doj'le. 

2d       **         John  H,  Cannon,  Frederick  Kendadl. 

3d       **         George  AV.  Patridge,  Michael  Callahan. 

4th     "         Henry  H.  Little,  Solomon  Scheu,  Jr. 

5th     **         Louis   Rodenbach,   Sr.,   Samuel  J.   Rams- 
perger. 

6th     **         G.  Richai*d  Kuehn,  John  Kreitner. 

7th     "         John  H.  Knepper,  Philip  Wurtz. 

8th     "         John  ;M.  Laughlin,  Jolin  J.  Kennedy. 

9th     **         Alexander  Mc^Iaster,  James  Ash. 
10th     **         James  Jamison,  Thomas  S.  Ray. 
11th     "         William  Richardson,  Marcus  M.  Drake. 
12tli     "         Charies  O.  Rano,  Louis  Roesch. 
13th     **         William  Adams,  William  Summers. 

1888. 

Mayor  Philip  Becker. 

Comptroller Joseph  E.  Barnard. 

Corporation  Counsel Wm.  F.  Worthington. 

Treasurer Alphonso  J.  Meyer. 

Engineer  George  E.  Mann. 

Street  Commissioner Henry  Quinn. 

Superintendent  of  Education.  James  F.  Crooker. 


44  Officers  of  the  City  Government 

Overseer  of  Poor Jacob  Crowder. 

Police  Justice Thomas  S.  King. 

Assessors  Nicholas  J.  I\Iock,  James  S. 

Murphy,  jMichael  Oalla- 
lian,  John  H.  Ludvvig, 
Thomas  F.  Crowley.* 

COMMON  COUNCIL. 

President — ^Yilliara  Summers. 

City  Clerk— William  E.  Delaney. 

1st  Ward — Dennis  Af.  Doyle,  John  White. 

2d       "         Frederick  Kendall,  John  H.  Cannon. 

3d       "         ilichael  Callahan,^  James  L.  Baldwin. 

4th     "         Solomon  Scheu,  Jr.,  August  Beck. 

5th     "         Samuel  J.  Ramsperger,  Adam  Spang. 

6th      "  John  Kreitner,  Anthony  Young. 

7th     "         l^hilip  Wurtz,  John  H.  Knepper. 

8th     "         John  J.  Kennedy,  John  Davy. 

9th      '*  James  Ash,  Alexander  Me]\laster. 

10th      "         Thomas  S.  Ray,  Edward  H.  Hutchinson. 
11th     "         ]\rarcus  M.  Drake,  Frank  M.  Fisher. 
12th      "  Ijouis  Roesch,  George  Denner. 

13th     "         William  Summers,  William  Adams. 

1889. 

Mayor Philip  Becker. 

Comptroller Joseph  E.  Barnard. 

Corporation  Counsel Wm.  F.  Worthington. 

Treasurer Alphonso  J.  ^Meyer. 

Engineer  George  E.  Mann. 

Street  Commissioner Henry  Quinn. 

Superintendent  of  Education.  J^mes  F.  Crooker. 

Overseer  of  Poor Jacob  Crowder. 

Police  Justice Thomas  S.  King. 

•  Chapter  517.  T.aws  188S,  increased  the  number  of  Assessors  to  five,  and 
extended  the  time  of  office  to  five  yertrs. 

t  Resigned  January  2.  isas,  having  been  elected  Assessor.  George  W. 
Patridge  elected  to  fill  vacancy. 


Officers  op  the  City  Government  45 

Assessors  James  S.  Murphy,  Michael 

Callahan,  John  H.  Lud- 
wig,  Thomas  F.  Crowley, 
Nicholas  J.  Mock. 

COMMON  COUNCIL. 

President — William  Summers. 

City  Clerk— William  E.  Delaney. 

1st  Ward — John  White,  John  Bradley. 

2d       "         John  H.  Cannon,  Frank  J,  Trautman. 

3d       **         James  L.  Baldwin,  Theodore  Williamson 

4th     "         August  Beck,  Solomon  Scheu,  Jr. 

5tli     "         Adam  Spang,  Samuel  J.  Ramsperger. 

6th     **         Anthony  Young.  John  Kreitner.  ■  ; 

7th     *'         John  H.  Knepper,  Philip  Wurtz.  ,  : 

8th     "         John  Davy,  John  J.  Kennedy. 

9th     "         Alexander  McMaster,  James  Franklin. 
]Oth      "         Edward  H.   Hutchinson,  Alexander  M. 

Barnum. 
11th     '*         Frank  M.  Fisher,  Marcus  M.  Drake. 
12th     "         George  Denner,  John  Bush. 
13th     "         William  Adams.  William  Summers. 

1890. 

Mayor  Charles  F.  Bishop. 

Comptroller Edward  C.  Shafer. 

Corporation  Counsel Wm.  F.  Worthington.* 

Treasurer Robert  Oehmig. 

Engineer  George  E.  Mann. 

Street  Commissioner Henry  Quinn. 

Superintendent  of  Education.  J&mes  F.  Crooker. 

Overseer  of  Poor Jacob  Stauch. 

Police  Justice Thomas  S.  King. 

Assessors  Michael  Callahan,  John  H. 

Ludwig,Thomas  F.Cpow- 
ley,    Nicholas   J.    Mock, 
Jiaznes  S.  Murphy.^ 

•  Died  Not.  16,  M90.    George  M.  Browne  elected  by  Common  Council  to 
fill  T«c«nc7. 


46  Officers  of  the  City  Government 

common  council. 

President — William  Summecrs. 

City  Clerk— Charles  R.  ]\Iarshall. 

1st  Ward — John  H.  Bradley,  John  White. 

2d       "         Frank  J.  Trautman,  John  H.  Cannon, 

3d       **         Theodore   Williamson,   Andrew   Kilgallon. 

4th     *'         Solomon  Scheu,  Jr.,  August  Beck. 

5th     "         Samuel  J.  Ramsperger,  Edward  F.  Stetten- 
benz, 

6th     "         John  Kreitner,  Anthony  Young. 

7th     **         Philip   Wurtz,   Jacob  Kissinger. 

8th     **         John  J.  Kennedy,  John  Davy. 

9th     "         James  Franklin,  John  A  Donaldson. 
10th     "         Alexander  M.  Barnum,  Edgar  A.  Forsyth. 
11th     **         Marcus  M.  Drake,  William  D.  Collingwood. 
12th     "         John  Bush,  John  Mang. 
13th     "         William  Summers,  William  J.  Hillery. 


1891. 

Mayar  Charles  F.  Bishop. 

Comptroller Edward  C.  Shafer. 

Corporation  Counsel George  M.  Browne. 

Treasurer Robert  Oehmig. 

Engineer  George  E.  Mann. 

Street  Commissioner Henry  Quinn. 

Superintendent  of  Education .  James  F.  Crooker. 

Overseer  of  Poor Jacob  Stanch. 

Police  Justice Thomais  S.  King. 

Assessors  John  H.  Ludwig,  Thomas 

F.  Crowley,  Nicholas  J. 
Mock,  George  Stauber, 
Michael  Callahan. 


t  Died  January  8,  1890.  Alphonso  J.  Meyer  elected  to  fill  vacancy  by  Com- 
mon Council.  Mr  Meyer  resigned  March  17,  1890,  and  Andrew  Beasley  was 
elected  to  fill  vacancy  by  Commo  i  Council.  At  the  general  election  of  1890, 
George  Stauber  was  elected  to  fill  the  unexpired  portion  of  Mr.  Murphy's  term 
of  office. 


Ofpicebs  op  the  City  Government 


47 


COMMON  COUNCIL. 


President — William  Summers. 
City  aerk— Charles  R.  ]\Iarshall. 
2  St  Ward— John  White,  John  P.  Sullivan. 


2d 
3d 

4th 
5th 

6th 

7th 

8th 

9th 

10th 

nth 

12th 

13th 


John  H.  Cannon,  Frank  J.  Trautman. 
Andrew   Kilgallon,   Theodore   Williamson. 
August  Beck.  Solomon  Scheu,  Jr. 
Edward  F.  Stettenbenz,  Samuel  J.  Bams- 

perger. 
Anthony  Young,  John  Kick. 
Jacob  Kissinger,  PYederick  A.  Menge. 
John  Davy,  John  J.  Kennedy. 
John  A.  Donaldson,  James  Franklin. 
Edgar  A.  Forsyth,  Alexander  B.  Bamum. 
William  D.  Collingwood,  Job  King.* 
John  Mang,t  Philip  G.  ^leyers. 
William  J.  Hillery,  William  Summers. 


1892. 

AN  ACT  entitled  "An  Act  to  Revise  the  Chakteb  or  the 
City  of  Buffalo,"  passed  March  27,  1891,  being  Chapter  105  of 
the  Laws  of  1891,  divided  the  city  into  twenty-five  wards,  pro- 
vided for  the  election  of  one  Alderman  and  one  Supervisor  in  each 
ward  for  two  years  and  the  election,  by  general  ticket,  of  Mayor, 
Comptroller,  Corporation  Counsel,  Treasurer,  Superintendent  of 
Education,  one  Commissioner  of  Public  Works,  Overseer  of  the 
Poor,  and  nine  members  of  the  Board  of  Councilmen  for  three 
years,  a  Police  Justice  and  two  Justices  of  the  Peace  for  four 
years,  five  Assessors  for  five  years  each,  and  two  Judges  of  the 
Municipal  Court  for  six  years  each.  It  also  provided  for  the  ap- 
pointment by  the  Mayor  of  two  additional  Commissioner^of  Public 
Works  and  other  ofiTices,  and  abolished  the  offices  of  Engineer  and 
Street  Commissioner. 

Mayor Charles  F.  Bishop. 

Comptroller Joseph  E.  Gavin. 

Corporation  Counsel George  M.  Browne. 

Treasurer Robert  Oehmig. 


•  Died  June  2, 1  Ml.    Vacancy  wm  not  filled, 
t  Died  June  80, 1801.    Vaeancj  waa  not  tilled. 


48 


Officers  of  the  City  Government 


Comrs.  of  Public  Works George  S.  Field,  elected. 

James  ]\Iooney,  appointed. 
G€o.  S.  Gatchell, 

F^uperintendent  of  Education.  "WiWmvci  H.  Love.* 

Overseer  of  Poor Jacob  Stauch. 

Police  Justice  Thomas  S.  King. 

A  ssessors  Thomas  F,  Crowley,  Nich- 
olas J.  Mock,  George 
Stauber,  Michael  Calla- 
han, Andrew  Beasley. 


COMMON  COUNCIL. 

City  Clerk— Charles  R.  Marshall. 

Board  of  Councilmen: 

President — James  Hanrahan. 
Jewett  M.  Richmond,       ^Martin  Maher. 
George  "W.  Hay  ward.        Andrew  Kilgallon. 
George  Sandrock.  Mathias  Strauss. 

George  Baldus.  Henry  J.  Kreinheder. 

Board  of  Aldermen: 


President — 

-Solomon  Scheu,  Jr. 

Term  Expires. 

1st  Ward- 

— John  White. 

January, 

1894 

2d 

(( 

John  P.  Sullivan. 

1893 

3d 

( ( 

Frank  J.  TnaAitmanii. 

1893 

4th 

<  < 

Theodore  Williamson. 

1893 

5th 

<  ( 

William  Summers. 

1893 

6th 

<  ( 

Solomon  Scheu,  Jr. 

1893 

7th 

(( 

Frank  J.  Bissing. 

1894 

8th 

(( 

Abram  Durr. 

1894 

9th 

(( 

Jacob  Johnson. 

1894 

10th 

(( 

Samuel  J.  Ramsperger.       ' 

1893 

11th 

(( 

Frederick  Kelver. 

< 

1894 

12th 

(( 

Anthony  Young. 

< 

1894 

13th 

(< 

John  Kick. 

< 

1893 

14th 

(( 

John  Leible. 

( 

1894 

♦Appointed  to  fill  the  vacancy  caused  bv  the  resignation  of  James  F. 
Crooker,  appointed  Superintendent  of  Public  Instruction  of  the  State  of  New 
York. 


Officers  of  the  City  Government  49 


15th  ^ 

Ward- 

-Jacob  Kissinger. 

January 

1894 

16tli 

<  < 

Frederick  A.  Menge. 

1893 

17th 

(( 

Richard   Bullymore, 

Jr.     * 

1894 

18th 

( ( 

Henry  P.  Burgard. 

1894 

19th 

<( 

John  J.  Kennedy. 

1893 

20th 

(( 

James  Franklin. 

1893 

21st 

( ( 

Fi'ank  Maischoss. 

1894 

22d 

( ( 

Clifford  S.  A.  Coe. 

1894 

23d 

<  < 

Alexander  M.  Bamum.       * 

1893 

24th 

<  < 

Robert  K.  Smither. 

( 

1894 

25th 

( ( 

Phillip  G.  Meyers. 

( 

1893 

1893. 

Mayor Charles  F.  Bishop. 

Comptroller Joseph  E.  Gavin. 

Corporation  Counsel George  M.  Browne. 

Treasurer Robert  Oehmig. 

Comrs.  of  Public  Works .....  George  S.  Field, 

James  Mooney, 
George  S.  Gatchell. 

Superintendent  of  Education.  Wenry  P.  Emerson. 

Overseer  of  Poor Jacob  Stauch. 

Police  Justice  Thomas  S.  King. 

Assessors    Nicholas  J.  Mock,  G«orge 

Stauber,  Michael  Oalla- 
han,  Andrew  Beasley, 
Thomas  F.  Crowley. 

COMMON  COUNCIL. 

City  Clerk— Charles  R.  Marshall. 

President  of  Common  Council — James  Hanrahem. 

Board  of  Councilmen: 
President — Jewett  M.  Richmond. 

George  Baldus.  Henry  J.  Kreinheder.* 

James  Hanrahan.  Martin  Maher. 

George  W.  Hayward.^      George  Sandrock. 

Andrew  Kilgallon.  ^fathias  Strauss. 

•  Died  Augoit  2. 1893,  and  vacancy  not  filled. 

t  Died  March  18, 1898,  and  on  May  10, 1893,  John  B.  Coakley  was  elected  to 

All  Tarancjr. 


50  Officers  of  the  City  Government 

Board  of  Aldermen: 

President — James  Franklin. 

1st  Ward — John  White. 

2d  "  John  P.  Sullivan. 

3d  *'  Joseph  Butler. 

4th  "  John  Carey. 

5th  "  William  Summers. 

6th  "  Solomon  Scheu,  Jr. 

7th  **  Frank  J.  Bissing. 

8th  *'  Abraham  Durr. 

9th  **  Jacob  Johnson. 

10th  "  Adam  Boeckel. 

11th  "  Frederick  Kelver. 

12th  "  Anthony  Young. 

13th  "  John  Kick. 

14th  "  John  Lieble. 

15th  "  Jacob  Kissinger. 

16th  "  Frederick  A.  Menge. 

17th  "  Richard  Bully  more,  Jr. 

18th  "  Henrj'  P.  Burgard. 

19th  ''  John  J.  Kennedy. 

20th  "  James  Franklin. 

21st  "  Frank  Miaisehoss. 

22d  "  Clifford  S.  A.  Coe. 

23d  "  William  K.  Williams. 

24th  *•  Robert  K.  Smither. 

25th  "  William  H.  Bradish. 

1894. 

Mayor Charles  F.  Bishop. 

Comptroller Joseph  E.  Gravin. 

Corporation  Counsel Frank  C.  Laughlin. 

Treasurer Robert  Oehmig. 

Comrs.  of  Public  Works George  S.  Field. 

James  Mooney, 
George  ^.  Gatchell. 

Superintendent  of  Education. Henry  P.  Emerson. 


Officers  of  the  City  Government 


51 


Overseer  of  Poor Jacob  Stauch. 

Police  Justice  Thomas  S.  King. 

Assessors    Gteorge    Stauber,    Michael 

Callahan,  Andrew  Beas- 
ley,  Thomas  F.  Crowley, 
Nicholas  J.  Mock. 


COMMON  COUNCIL. 

City  Clerk— Mark  S.  HubbeU. 

President  of  Common  Council — Robert  K.  Smither. 


Board  of  Councilmen: 

President — Jewett  M. 
James  Ash. 
George  Bald  us. 
Michael  J.  Byrne. 
James  Hanrahan. 


Richmond. 
Andrew  Kilgallon. 
Christian  Klinck. 
Martin  Maher. 
Mathias  Strauss. 


Board  of  Aldermen: 

President — Jiapies   Franklin. 
1st  Ward — John  Sheehan. 


2d 

3d 

4th 

5th 

6th 

7th 

8th 

^h 

lOth 

11th 

12th 

13th 

14th 

15th 

16th 

17th 


John  P.  SuUivan. 
Joseph  Butler. 
John  Carey. 
William  Summers. 
Solomon  Seheu,  Jr. 
Louis  W.  Faude. 
Aibrara  Durr. 
John  O.  G.  Robert.. 
Adam  Boeekel. 
Louis  Fechter. 
Samuel  Caldwell. 
John  Kick, 
Charles  P.  Woltz. 
Jacob  Kissinger. 
Frederick  A.  ^fenge. 
Richtard  Bullymore,  Jr. 


52  Officers  of  the  City  Government 

18th  Ward — George  Zoeller. 

19th  **  John  J.  Kenned3\ 

20th  "  James  Franklin. 

21st  "  Frank  Maischoss. 

22d  "  Clifford  S.  A.  Coe. 

23d  "  William  K.  Williams. 

24th  "  Robert  K.  Sraither. 

25th  "  William  H.  Bradish. 

1895. 

Mayor Edgar  B.  Jewett. 

Comptroller Erastus  C.  Knight. 

Corporation  Counsel Frank  C.  Laughlin.* 

Treasurer Robert  Oehmig. 

Comrs.  of  Public  Works George  S.  Gatchell. 

Charles  G.  Pankow. 
James  Mooney. 

Superintendent  of  Education.  Henry  P.  Emerson. 

Overseer  of  Poor John  Arnold. 

Police  Justice  Thomas  S.  King. 

A  ssessors    ]\Iichael  Callahan,  Nicholas 

J.  Mock,  Albert  H. 
Beyer,  Thomas  F.  Crow- 
ley, Andrew  Beasley. 

COMMON  COUNCIL. 

City  Clerk— Mark  S.  Hubbell. 

President  Common  Council— Frederick  A.  Menge. 

Board  of  Councilmen: 

President — James  Ash. 

Michael  J.  Byrne.  Christian  Klinck. 

A.  Frank  Gorski.  Martin  Maher. 

James  Hanrahan.  Henry  C.  Steul. 

Andrew  J.  Keller.  ]\Iathias  Strauss, 


•  Retigned  Not.  30, 1895,  and  Charles  L.  Feldinan  appointed  to  fill  vac  nrcy 


Officers  of  the  City  Government  53 

Board  of  Aldermen: 

President — Robert  H.  Smither. 
1st  Ward — John  Sheelian. 


2d 

(( 

John  P.  Sullivan. 

3d. 

(( 

Joseph  Butler. 

4th 

1 1 

John  Walsh. 

5th 

<( 

William  Summers. 

6th 

( ( 

Charles  Kiefer. 

7th 

<  ( 

Louis  W.  Faude. 

8th 

(< 

Abram  Durr. 

9th 

<  ( 

John  0.  G.  Robert. 

10th 

( ( 

Adam  Boeekel. 

11th 

<( 

Ix)uis   Fechter. 

12th 

( < 

Samuel  Caldwell. 

13th 

it 

John  Kick. 

14th 

tt 

Charles  P.  Woltz. 

15th 

(( 

Jacob  Kissingrer. 

16th 

It 

Frederick  A.  ]\Tenge. 

17th 

ft 

Richard  Bullymore. 

18th 

<  ( 

George  Zoeller. 

19th 

c  < 

John  J.  Kennedy. 

20th 

(( 

James  Franklin. 

21st 

.  < 

Frank  Maischoss. 

22d 

( < 

Clifford  S.  A.  Coe. 

23d 

( ( 

Joseph  C.  Veling. 

24th 

It 

Robert  K.  Smither. 

25th 

tt 

William  IT.  Bradish. 

1896. 

Mayor Edgaa*  B.  Jewett 

Comptroller .Erastus  C.  Knight. 

Corporation  Counsel Charles  L.  Feldman. 

Treasurer Philip  Gerst. 

Comrs.  of  Public  Works James  Mooney. 

Charles  G.  Pankow. 

^farcus  M.  Drake. 


54  Officers  op  the  City  Government 

Superintendent  of  Education.B.ejiry  P.  Emerson. 

Overseer  of  Poor John  Arnold. 

Police  Justice  Thomas  S.  King. 

Assessors    Andrew  Beasley,  Nicholas 

J.  Mock,  Albert  H.Beyer, 
Thomas  F.  Crowley,  Ed- 
ward G.  Volz. 

COMMON  COUNCIL. 

City  Clerk— Mark  S.  HubbeU. 

President  Common  Council — ^Adam  Boeckel. 

Board  of  Councilmen: 

President — Christian   Klinck. 

James  N.  Adam.  Andrew  J.  KeUer. 

James  Ash.  Henry  C.  SteuL 

Michael  J.  Byrne.  Charles  H.  Utley. 

A.  Frank  Gorski.  Henry  Zipp. 

Board  of  Aldermen:         Terms  expire  January  1,  1898. 

President — William  H.  Bradish. 

1st  Ward — John  J.  Coughlin. 

2d  **  John  P.  Sullivan. 

3d  **  Joseph  Butler. 

4tli  "  John  Walsh. 

5th  **  William  Summers. 

6th  "  Charles  Kiefer. 

7th  "  Edward  J.  G.  Schaefer. 

8th  *'  Abram  Durr. 

9th  '*  John  0.  G.  Robert. 

10th  "  Adam  Boeckel. 

11th  "  James  Smith. 

12th  "  Samuel  Caldwell. 

13th  "  John  Kick. 

14th  "  Charles  P.  Woltz. 

15th  "  Jacob  Kissinsrer, 


Officers  op  the  City  Government  55 

16th  "Ward —  Frederick  A.  Menge. 

17th  **  Frederick  W.  M.  Heerwagen. 

18th  **  George  Zoeller. 

19th  "  John  J.  Kennedy. 

20th  "  James  Franklin. 

21st  "  Frank  Maischoss. 

22d  "  Clifford  S.  A.  Coe. 

23d  "  Joseph  C.  Veling. 

24th  "  Robert  K.  Smither. 

25th  "  William  H.  Bradish 

1897. 

Mayor Edgar  B.  Jewett. 

Comptroller Erastus  C.  Knight. 

Corporation  Counsel Charles  L.  Feldman. 

Treasurer Philip  Gerst. 

Com'rs  of  Public  Works Charles  G.  Pankow.  Mar- 
cus M.  Drake,  Michael  J. 
Healy. 

Supt.  of  Education Henry  P.  Emerson. 

Overseer  of  Poor John  Arnold. 

Police  Justice Thomas  S.  King. 

Assessors  Thomas  F.  Crowley,  An- 
drew Beasley,  Nicholas 
J.  Mock,  Albert  H. 
Beyer,  Edward  G.  Volz. 

COMMON   COUNCIL. 

City  Clerk— Mark  S.  Hubbell. 

President  Common  Council — Charles  P.  Woltz. 

Board  of  Councilmen: 

President — Christian  Klinck. 

James  N.  Adam.  Andrew  J.  Keller. 

James  Ash.  Henry  C.  Steul. 

Michael  J.  Byrne  Charles  H.  Utley. 

A.  Frank  Gorski.  Henry  Zipp. 


56  Officers  of  the  City  Government 

Board  of  Aldermen:  Terms  expire  Dec.  31,  1897. 

President — Jacob  Kissinger. 

1st  Ward — John  J,  Coughlin. 

2d  "  John  P.  Sullivan. 

3d  •'  Joseph  Butler. 

4th  "  John  Walsh. 

5th  "  William.  Summers. 

6th  '*  Charles  Kiefer. 

7th  "  Edward  J.  G.  Schaefer. 

8th  "  Abram  Durr. 

9th  "  John  0.  G.  Robert. 

lOth  "  Adam  Boeckel. 

11th  "  James  Smith. 

12th  •'  Samuel  Caldwell. 

13th  ''  John  Kick. 

14th  "  Charles  P.  Woltz. 

15th  •'  Jacob  Kissinger. 

16th  ''  Frederick  A.  Menge. 

17th  "  Frederick  W.  M.  Heerwagen. 

18th  "  George  Zoeller. 

19th  **  John  J.  Kennedy. 

20th  "  James  Franklin. 

21st  "  Frank  Maischoss. 

22d  "  Clifford  S.  A.  Coe. 

23d  "  Joseph  C.  Veling. 

24th  "  Robert  K.  Smither. 

25th  "  William  H.  Bradish. 

1898. 

Mayor Conrad  Diehl. 

Comptroller Erastus  C,  Knight. 

Corporation  Counsel William  H.  Cuddeback. 

Treasurer Philip  Gerst. 

Com'rs  of  Public  Works. . .  .Marcus  M.  Drake,  Michael 

J.  Healy,  Martin  Maher. 
Supt.  of  Education Henry  P.  Emerson. 


Officers  of  the  City  Government  57 

Overseer  of  Poor John  Arnold. 

Police  Justice '^homas  S.  King. 

Assessors    Nifhrlas   J.   Mock,   Albert 

H  Beyer,  Edward  G. 
Volz,  Thomas  F.Crowley, 
Qeorge  Stauber. 

COMMON    COUNCIL. 

City  Clerk— Frank  W.  Gethoefer. 

President  Common  Council — James  N.  Adam. 

Board  of  Counctlmen: 
President — Henry  Zipp. 

James  N.  Adam.  Adam  Boeckel. 

James  Ash.  Jacob  Missert. 

George  Baldus.  Henry  C.  Steul. 

Frank  J.  Bissing.  Charles  H.  Utley. 

Board  of  Aldermen:  Terms  expire  Dec.  31,  1899. 

Preoademt — John  J.  Kennedy. 
Ist  Ward — John  J.  Couehlin.* 


2d 

John  P.  Sullivan. 

3d 

Joseph  Butler. 

4th 

John  Walsh. 

5th 

William  Summers. 

6th 

Charles  Kiefer. 

7th 

Charles  G.  Smeeding. 

8th 

Eugene  Nassoy. 

9th 

George  Hendler. 

lOth 

William  Darmstadter. 

11th 

James  Smith. 

12th 

Charles  J.  Schnellbach 

13th 

John  Kick. 

Hth 

Frank  Cwiklinski. 

15th 

holds 

Joseph  Ha.ssler. 

•  CoughHn  1 

OTcr. 

58 


Officers  of  the  City  Government 


16th  Ward—  John  F.  Barth. 


17th     " 

Frederick  W.  M.  Heerwagen 

18th     " 

George  Zoeller. 

19th     " 

John  J.  Kennedy. 

20th     '• 

James  Franklin. 

21st      ♦' 

Frank  Maischoss. 

22d 

Clifford  S.  A.  Coe. 

23d       ** 

Joseph  C.  Veling. 

24th     " 

George  S.  Potter, 

25th     " 

George  H.  Striker. 

1899. 

Mayor Conrad  Diehl. 

Comptroller Erastus  C.  Knight, 

Corporation  Counsel William  H.   Cuddebaek. 

Treasurer Philip  Gerst. 

Com'rs  of  Public  Works ]Marcus  M.  Drake,  Michael 

J.  Healy,  Martin  Maher. 

Supt.  of  Education Henry  P.  Emerson, 

Overseer  of  Poor Joha  Arnold. 

Police  Justice Thomajs  S.  King. 

Assessors    Nicholas  J.   Mock,   Albert 

H,  Beyer,  Edward  G. 
Volz,  Thomas  F.  Crow- 
ley, George  Stauber. 

COMMON    COUNCIL. 

City  Clerk— Frank  W.  Gethoefer. 

President  Common  Council — ^William  Summers. 


Board  of  Councilmen: 
President — Henry  Zipp. 

James  N,  Adam. 

James  Ash. 

George  Baldus. 

Frank  J.  Bissing. 


Adam  Boeckel. 
Jacob  Missert. 
Henry  C.  Steul. 
Charles  H.  Utley. 


Officers  of  the  City  Government  59 

Board  of  Aldermen:  Terms  expire  Dec.  31,  1899. 

Prudent — John  J.  Kennedy. 

1st  Ward— John  White. 

2d  "  John  P.  Sullivan. 

3d  "  Joseph  Butler. 

4th  "  John  Walsh. 

5th  "  AVilliam  Summers. 

6th  "  Charles  Kiefer. 

7th  "  Charles  G.  Smeeding. 

8th  **  Eugene  Nassoy. 

9th  '*  George  Hendler. 

IQth  "  William  Darmstadter. 

11th  ••  James  Smith. 

12th  "  Charles  J.  Schnellbach. 

13th  •*  John  Kick. 

14th  *•  Frank  Cwiklinski. 

15th  **  Joseph  Hassler. 

16th  "  John  F.  Barth. 

17th  **  Frederick  W.  M.  Heerwagen. 

18th  **  George  Zoeller. 

19th  "  John  J.  Kennedy. 

20th  "  James  Franklin. 

21st  **  Frank  Maischoss, 

22d  "  Clifford  S.  A.  Coe. 

23d  "  Joseph  C.  Veling. 

24th  "  George  S.  Potter. 

25th  "  George  H.  Striker. 

1900. 

Mayor Conrad  Diehl. 

Comptroller Erastus  C.  Knight.t 

Corporation  Counsel William  H.  Cuddeback. 

Treasurer Philip  Gerst. 

Com'rs  of  Public  WorA-*. ..  .Michael  J.  Healy.  Martin 
Maher,*  Adam  Boeckel. 

•  M»rtin  Maher.  CommlMtoner  of  Public  Worki.  died  Augunt  1. 1900. 
Aufcuitui  P.  Schen  appointei  Cnininis«ioner  of  Public  Worlis  Sept.  21,  1900 
to  All  ra'^ancy  caused  by  death  of  Mnrtin  Maher. 

t  Erastua  C.  Knight  rc8iKiie<l  as  Comptroller  December  31,  1900. 


60  Officers  of  the  City  Government 

Supt.  of  Education Henry  P.  Emerson. 

Overseer  of  Poor John  Arnold. 

Police  Justice Thomas  Murphy. 

Assessors    Edward   G.    Volz,    George 

Stauber,  Nicholas  J. 
Mock,  Albert  H.  Beyer, 
Thomas  F.  Crowley. 

COMMON  COUNCIL. 

City  Clerk— Charles  F.  Susdorf. 

President  Common  Council — Henry  C.  Steul. 

Board  of  Coum^Umen: 
President — Christian  Klinck. 

James  Ash.  Simon  Fleischmann. 

•George  Baldus.  William  E.  Kreiner, 

Frank  J.  Bissing.  John  J.  Smith. 

Charles  F.  Dunbar.         Henry  C.  Steul. 

Board  of  Aldermen:  Terms  expire  Dec.  31,  1901. 

President —  Frederick  W.  M.  Heerwagen. 

1st  Ward — Jeremiah  Gorman. 

2d       "         John  P.  Sullivan. 

3d       **         Joseph  Butler. 

4th     "         John  J.  Collins. 

5th     "         William  J.  Holmes. 

6tli     "         Fred  W.  Kniekenberg. 

7th     '•         John  Huster. 

8th     "         Louis  G.  Boedel. 

9th     **         George  Hendler. 
lOth     *'         William  Darmstadter. 
11th     "         William  Haese. 
12tli     "         Charles  J.  Schnellbach. 
13th     **         Jacob  Dix. 


•  Councilman  Oeorge  Baldui  died  March  29th,  1900. 

Henry  C.  Ladd  elected  to  fill  vacancy  caused  by  death  of  George  BalduB 
September  19, 1900. 


Officers  of  the  City  Government  61 


14th  Ward- 

-Frank  Cwiklinski, 

]5th 

Jacob  Kissinger. 

leth 

John  F.  Barth. 

17th 

Frederick  W.  M.  Heerwagen. 

18th 

Henry  G.  Schneider. 

19th 

John  J.  Kennedy. 

20th 

James  Franklin. 

21st 

Frank  Maischoss. 

22d 

John  0.  Manning. 

23d 

Neil  McEachren. 

24th 

Charles  H.  Avery. 

25th 

John  G,  Busch. 

1901. 

Mayor Conrad  Diehl. 

Comptroller F.  W.  M.  Heerwagen. 

Corporation  Counsel William  H.  Cuddeback. 

Treasurer Philip  Gerst. 

Comers  of  Public  TTorAs ....  Augustus  F.  Scheu.  Adam 

Boeckel,  Timothy  J.  ^la- 
honey. 

Supt.  of  Education Henry  P.  Emerson. 

Overseer  of  Poor John  Arnold. 

Police  Justice Thomas  Murphy. 

Assessors    Nicholas  J.  Mock,  Edward 

G.  Volz,  Thomas  F, 
Crowley,  Albert  H.  Bey- 
er, George  Stauber. 

COMMON    COUNCn. 

City  Clerk— Charles  F.  Susdorf. 

President  Common  Council — Frank  Maischoss. 

Board  of  Councilmen: 
President — James  Ash. 

Frank  J.  Bissing.  William  E.  Kreiner. 

Charles  P.  Dunbar.  Henry  C.  Ladd. 


62  Officers  of  the  CJity  Government 

Simon  Fleischmann.        John  J,  Smith. 
Christian  Klinck.  Henry  C.  Steul. 

Board  of  Aldermen:  Terms  expire  Dec.  31,  1901. 

President — James  Franklin.' 
1st  Ward — Jeremiah  Gorman. 


2d 

(( 

John  P.  Sullivan. 

3d 

(( 

Joseph  Butler. 

4tli 

(( 

John  J.  Collins. 

5th 

<( 

William  J.  Holmes. 

6th 

(< 

Fred  W.  Kniekenberg. 

7th 

i  ( 

John  Huster. 

8th 

(< 

Louis  G.  Roedel. 

9th 

( ( 

George  Hendler. 

lOth 

(( 

William  Darmstadter. 

11th 

i  i 

William  Haese. 

12th 

i  I 

Charles  J.  Sehnellbach. 

13th 

(( 

Jacob  Dix. 

14th 

i  I 

Frank  Gvviklinski. 

15th 

t  c 

Jacob  Kissinger. 

16th 

t  ( 

John  F.  Barth. 

17th 

( ( 

Frederick  W.  ]\I.  Heerwagen.* 

18th 

<  ( 

Henry  G.  Schneider. 

19th 

( < 

John  J.  Kennedy. 

20th 

( ( 

James  Franklin. 

21st 

( ( 

Frank  Maischoss. 

22d 

if 

John  0.  Manning. 

23d 

i( 

Neil  McEachren. 

24th 

ti 

Charles  H.  Avery. 

25th 

(< 

John  6.  Busch. 

•  Frederick  W.  M.  Heerwagen   resigned   as  Alderman  of  the  17th  Ward 
January  7,  1901. 

Frederick  W.  M.  Heerwagen  elected  Comptroller  by  the  Common  Council 
January  7, 1901. 

Henry  Landsheft  elected  Alderman  of  the  17th  Ward  at  a  special  election 
held  in  that  ward  March  12, 1901. 

t  James  Franklin,  President  of  the  Board  of  Aldermen,  died  Not.  18,  1901. 


Officers  op  the  City  Government  63 

AN  ACT  entitled  "An  Act  to  Revise  the  Charter  of  the 
City  op  Buffalo,"  passed  March  29th,  1901,  being  Section  45  of 
Chapter  105  of  the  Laws  of  1901,  abolished  the  Board  of  Public 
Works  and  substituted  a  single  commissioner,  the  first  to  be  elected 
in  1901  for  a  term  of  two  years,  and  thereafter  for  a  term  of  four 
years. 

1902. 

Mayor Erastus  C,  Knight. 

Comptroller Fred  W.  M.  Heerwagen. 

Corporation  Counsel Charles  L.  Feldman. 

Treasurer Adam  Boeckel. 

Com'rs  of  Public  Works Francis  G.  Ward. 

Supt.  of  Education Henry  P.  Emerson. 

Overseer  of  Poor John  Arnold.t 

Police  Justice Thomas  Murphy. 

Assessors    Thomas  F.  Crowley,  A.  H. 

Beyer,  Edward  G.  Volz, 
George  Staubert,  Nicho- 
las J.  Mock. 

COMMON    COUNCIL. 

City  Clerk— Charles  F.  Susdorf. 

President  Common  Council — Charles  F.  Dunbar. 

Board  of  Councilmen: 
President — Simon  Fleischmann. 

James  Ash.  Henry  C.  Ladd. 

Charles  F.  Dunbar.         John  J.  Smith. 

Christian  Klinck.  Henry  C.  Steul.* 

William  E.  Kreiner,        Thor.ias  Stoddart. 

Board  of  Aldermen:  Terms  expire  Dec.  31,  1903. 

President — Frank  Maischoss. 
Ist  Ward — Jeremiah  Gorman. 
2d       "        John  P.  Sullivan. 
3d       "        Joseph  Butler. 

•  Adam  Boeokel  resigned  as  cnuncilinan  January  ?',  190?. 
Henry  C.  Bteul  elected  councilman  to  fill  vacancy  January  24, 1902. 
t  John  Arnold  died  February  4, 1902. 

Loiilx  J.  Kenncott  elert<>d  Orerneer  of  Poor  by  Common  Ooancil  February  11 
1902,  to  fill  vacancy  caused  by  death  of  John  Arnold, 
t  George  Ruuber,  Aneasor,  died  December  22,  1902. 


64  Officers  of  the  City  Government 

4th  Ward — Joliu  J.  CoUiiis. 

5th  "  Vvilliaiu  J.  Holmes. 

6th  **  Henry  Moest. 

7th  '*  Johu  Huster. 

8th  "  Louis  (i.  Koeuel. 

9th  "  George  Wiener, 

loth  "  Joseph  \Y.  WaxZ. 

11th  **  James  Smith. 

12th  "  Louis  H.  Mullenhotf. 

13th  **  John  Kick. 

14th  *•  Ernest  Wedekindt. 

15th  "  Joseph  Hassler. 

16th  "  Edward  C.  Beiser. 

17th  "  Henry  Landsheft. 

18th  "  George  Zoeller. 

19th  '*  John  J.  Kennedy. 

20th  "  John  Martin. 

21st  "  Frank  Maischoss. 

22d  ''  John  0.  Manning. 

23d  "  Xeil  :\reEachren. 

24th  ' '  James  N.  Adam. 

25th  "  J.  Thomas  Harp. 

1903. 

Mayor Erastus  C.  Knight. 

Comptroller Fred  W.  M.  Heerwagen. 

Corporation  Counsel Charles  L.  Feldman. 

Treasurer Adam  Boeckel. 

Com'rs  of  Public  Worlds Francis  G.  Ward. 

Supt.  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Police  Justice Thomas  Murphy. 

Assessors    Thomas  F.  Crowley,  A.  H. 

Beyer,  Edward  G.  Volz, 
Charles  T.  Williams,* 
Nicholas  J.  Mock. 

Charles  T.  Williams  appointed  Assfssor  January  2,  1903. 
*  Charles  T.  Williams  resigned  March  16,  1903. 


Officers  of  the  City  Government  65 

common  council. 

City  Clerk— Charles  F.  Susdorf. 

President  Common  Council — Neil  McEachren. 

Board  of  Councilmen: 
President — Simon  Fleischmann 

James  Ash.  Henry  C.  Ladd. 

Charles  F.  Dunbar.  John  J.  Smith. 

Christian  Klinck."  Henry  C.  Steul. 

William  E.  Kreiner.         Thomas  Stoddart. 

Board  of  Aldermen:  Terms  expire  Dee.  31,  1903. 

President — John  Kick. 
Ist  Ward — Jeremiah  Gorman. 


2d 

<( 

John  P.  Sullivan. 

3d 

<i 

Joseph  Butler. 

4th 

<< 

John  J.  Collins. 

5th 

<( 

William  J.  Holmes. 

6tli 

<< 

Henry  Moest. 

7th 

<( 

John  Huster. 

8th 

(< 

Louis  G.  Roedel. 

9th 

(< 

George  Wiener. 

10th 

<< 

Joseph  W.  Walz. 

11th 

(( 

James  Smith. 

12th 

<< 

Louis  H.  Mullenhoff. 

13th 

(( 

John  Kick. 

14th 

(< 

Ernest  Wedekindt. 

15th 

(< 

Joseph  Hassler. 

16th 

<( 

Edward  C.  Beiser. 

17th 

(( 

Henry  Landsheft. 

18th 

(1 

George  Zoeller. 

19th 

(( 

John  J.  Kennedy. 

20th 

<< 

John  Martin. 

21st 

(( 

Frank  Afaischoss.* 

t  ChrUtlan  Kllnck,  Councilman,  died  June  3, 1903. 
X  Prank  MaischoM.  Alderman  of  the  21it  Ward,  died  Aucuit  20,  IMS. 
George  J.  Haffa  elected  Alderman  of  the  2l8t  Ward.  November  4.  1903.  bf 
the  Common  Council,  to  All  Tacancjr  caused  by  the  death  of  Frank  Malschoss. 


66  Officers  of  the  City  Government 

22d  Ward — John  0.  Manning. 
23d       '*        Neil  McEaehren. 
24th     **         James  N.  Adam. 
25th     **         J.  Thomas  Harp. 

AN  ACT  entitled  "An  Act  to  Revise  the  Charter  of  the 
City  of  Buffalo,  ' '  passed  February  19th,  1903,  being  Chapter  105 
of  the  Laws  of  1891,  changing  the  Board  of  Assessors  from  five 
Assessors  to  three  Assessors. 

1904. 

Mayor Erastus  C.  Knight. 

Comptroller Fred  "W.  M.  Heerwagen. 

Corporation  Counsel  Charles  L.  Feldman. 

Treasurer Walter  J.  Shepard. 

Com'rs  of  Public  Works.  . .  .Francis  G.  Ward. 

Supt.  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Police  Justice Thomas  Murphy. 

Assessors    Albert  H.  Beyer,  Edward 

G.     VoLz,     Nicholas     J. 

Mock. 

COMMON    COUNCTL. 

City  Clerk— Charles  F.  Susdorf . 

President  Common  Council — Henry  C.  Ladd. 

Board  of  Councihnen: 
President  John  J.  Smith. 

James  N.  Adam.  William  Germann. 

James  Ash.  Henry  C.  Ladd. 

John  F.  Barth.  Charles  G.  Pankow. 

Henry H.Bingham.M.D.  Thomas  Stoddart. 

Board  of  Aldernwn  •  Terms  expire  Dec.  31,  1905 

President — John  0.  Manning. 
1st  Ward — Jeremiah  Gorman. 
2d       "        John  P.  Sullivan. 


Officers  of  the  City  Government  67 


3d   Ward- 

-Joseph  Butler. 

4th 

( ( 

John  J.  Collins. 

5tli 

( ( 

Orrin  F.  Pierce. 

6th 

( ( 

Henry  ^loest. 

7th 

i  i 

John  Huster. 

8th 

i  i 

Edward  Sperry. 

9th 

i  I 

Bernard  J.  Pitass. 

10th 

I  i 

Joseph  W.  Walz. 

11th 

7(( 

James  Smith. 

12th 

" 

Louis  II.  ^lullenhoff. 

13th 

(  ( 

John  Kick. 

14th 

" 

Ernest  Wedekindt. 

15th 

i  ( 

Charles  J.  Fix. 

16th 

" 

Frank  J.  Schmidt. 

17th 

(  ( 

Henry  Landsheft. 

18th 

(  1 

Jacob  A.  Gangnagel, 

19th 

(  ( 

John  J.  Kennedy. 

20th 

<  ( 

John  Martin. 

21st 

(  < 

George  J.  Haffa. 

22d 

(( 

John  0.  Manning. 

23d 

(( 

Neil  McEachren, 

24th 

<C 

Francis  T.  Coppins. 

25th 

({ 

J.  Thomas  Harp. 

1905, 

Mayor Erastus  C.  Knight. 

Comptroller Fred  W.  M.  Heerwagen.* 

Corporation  Counsel Charles  L.  Feldman. 

Treasurer Walter  J.  Shepard. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Police  Justice Thomas  Murphy. 

Assessors Nichola.s  J.   Mock,   Albert 

H.    Beyer,    Edward    G. 
Volz. 

•  Frederick  W.  M.  Heerwajten.  Comptmlier,  <lled  February  11, 1905. 
Frank  T.  Gilbert  appointed  Comptroller   Fehniarv   20.  1905,  to   fill    the 
racancy  cauicd  by  the  death  of  Frederick  W.  M.  Ileerwagen. 


68 


Officers  of  the  City  Government 


COMMON   COUNCIL. 

City  Clerk— Charles  F.  Susdorf. 

President  Common  Council — Henry  Landsheft. 

Board  of  Councilmen: 
President — Thomas  Stoddart. 


James  N 

Adam.                William  Germann. 

James  Ash.                        Henry  C.  Ladd. 

John  F. 

Barth.                 Charles  G.  Pankow. 

Henry  H.  Bingham.        John  J.  Smith. 

M.  D. 

Board  of  Aldermen: 

Terms  expire  Dec.  31,  1905 

President —   Neil  McEaehren. 

1st  Ward — Jeremiah  Gorman. 

2d 

"         John  P.  Sullivan. 

3d 

"         Joseph  Butler. 

4th     ' 

John  J.  Collins. 

5th     ' 

*         Orrin  F.  Pierce. 

6th     * 

*         Henry  Moest.t 

7th     ' 

'         John  Huster. 

8th     ' 

'         Edward  Sperry. 

9th     ' 

'         Bernard  J.  Pitass. 

10th     ' 

*         Joseph  W,  Walz. 

11th     ' 

*         James  Smith. $ 

12th     ' 

*         Louis  H.  Mullenhoff. 

13th     * 

*         John  Kick. 

14th     * 

*         Ernest  Wedekindt. 

15th     * 

*          Charles  J.  Fix. 

16th     ' 

*          Frank  J.  Schmidt. 

17th     ' 

*         Henry  Landsheft. 

t  Henry  Moest,  Alderman  6th  Ward,  died  July  8, 1905, 

John  Moest  elected  Alderman  of  the  6th  Ward  by  the  Common  Council  July 
21, 1905,  to  fill  vacancy  caused  by  the  death  of  Henry  Moest. 

X  James  Smith  resigned  as  Alderman  of  the  11th  Ward  October  16, 1905. 

John  F.  Nowak  elected  Alderman  of  the  11th  Ward  by  the  Common  Council 
October  23, 1905,  to  fill  vacancy  caused  by  resignation  of  James  Smith. 


Officers  op  the  City  Government  69 

18th  Ward — Jacob  A.  Gangnagel. 

19th  "  John  J.  Kennedy. 

20th  "  John  Martin. 

21st  **  George  J.  Haffa. 

22d  **  John  0.  Manning. 

23d  "  Neil  McEachren. 

24th  "  Francis  T.  Coppins. 

25th  "  J.  Thomas  Hart. 

1906. 

Mayor  James  N.  Adam. 

Comptroller George  M.  Zimmerman. 

Corporation  Counsel Louis  E,  Desbecker. 

Treasurer Walter  J.  Shepard. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Police  Justice Thomas  Murphy. 

Assessors Edward  G.  Volz,  Frank  J. 

Schmidt,  Martin  J.  Ryan. 

COMMON    COUNCIL. 

City  Clerk — Daniel  J.  Sweeney. 
President  Common  Council — John  C.  Betz. 

Board  of  Councilmen: 
President — James  ^lacbeth. 

John  F.  Barth.  John  McManus. 

•Edward  Beck.  Charles  G.  Pankow. 

John  C.  Betz.  John  J.  Smith. 

William  Germann.  Henry  Zipp. 

Board  of  Aldermen: 

Terms  expire  Dec.  31,  1907. 
President —  John  P.  Sullivan. 
Ist  Ward — Jeremiah  Gorman. 
2d       *'        John  P.  Sullivan. 

Jkmcs  N.  Adam  renltc'ied  a.«  <>)unci1man  January  1. 1006. 
•  Kdward  Heck  elect«d  (k>uiicllmaii,  Jannarj- 3,  1906,  to  All  vacancy  caused 
by  resignation  of  Councilman  .lames  N.  Adam. 


70  Officers  of  the  City  Government 

3d   Ward — Joseph  Butler. 

4th  "  John  J.  Collins. 

5th  "  VVilliam  Sheehan. 

6th  "  Louis  P.  Fuhrmann. 

7th  **  George  Kelberer. 

8th  "  Edward  Sperry. 

9th  *•  Bernard  J.  Pitass. 

10th  **  Joseph  W.  Walz. 

11th  **  John  F.  Nowak. 

12th  "  Louis  H.  Mullenhoff. 

13th  "  William  O.  Weimar. 

14th  '*  Frank  Cwiklinski. 

15th  "  Charles  J.  Fix.t 

16th  **  George  J.  Burley. 

17th  "  Henry  Landsheft. 

18th  "  Henry  F.  Jerge. 

19th  "  John  J.  Kennedy. 

20th  "  William  C.  Callanan. 

21st  "  George  J.  Haffa. 

22d  "  John  0.  Manning. 

23d  "  Neil  McEachren. 

24th  "  Francis  T.  Coppins. 

25th  "  George  H.  Striker. 

1907. 

Mayor James  N.  Adam. 

Comptroller George  M.  Zimmerman. 

Corporation  Counsel Louis  E.  Desbecker. 

Treasurer Walter  J.  Shepard. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Tx)uis  J.  Kenngott. 

Police  Justice Thomas  Murphy. 

Assessors Edward  G.  Volz,  Frank  J. 

Schmidt, Martin  J.  Ryan. 

t  Charles  J.  Fix  resigned  as  Alderman  of  the  15th  Ward  March  12,  1906. 

George  W.  Frank  elected  Alderman  of  the  15th  Ward  by  the  Common  Coun- 
cil March  19, 1906,  to  fill  the  vacancy  caused  by  the  resignation  of  Charles  J.  Fix. 


Officers  of  the  City  Government 


71 


COMMON    COUNCIIi. 

City  Clerk — Daniel  J.  Sweeney. 

President  Common  Council — Henry  F.  Jerge. 


Board  of  Councilmen: 

President — John  McManus. 
John  F.  Barth. 
Edward  Beck, 
John  C.  Betz. 
William  Germanu, . 


James  Macbeth.* 
Charles  G.  Pankow. 
John  J.  Smith. 
Henry  Zipp. 


Board  of  Aldermen: 

Terms  expire  Dec.  31,  1907. 
President —  John  P.  Sullivan. 
1st  Ward — Jeremiah  Gorman. 


2d       * 

*        John  P.  Sullivan. 

3d       ' 

'        Joseph  Butler. 

4th     * 

'         John  J.  Collins. 

5th     ' 

'         William  Sheehan. 

6th     * 

*         Louis  P.  Fuiirmann. 

7th     ' 

'         George  Kelberer. 

8th     * 

*         Edward  Sperry. 

9th     ' 

'         Bernard  J.  Pitass. 

10th     * 

*         Joseph  W.  Walz. 

11th     ' 

*         John  F.  Nowak. 

12th     ' 

*         Louis  H.  Mullenhoff. 

13th     * 

*         William  0.  Weimar. 

14th     ' 

*         Frank  Cwiklinski. 

15th     ' 

*         George  W.  Frank. 

16th     * 

*         George  J.  Burley. 

17th     * 

'         Henry  Ijandsheft. 

18th     ' 

*         Henry  F.  Jerge. 

19th     ' 

'         John  J.  Kennedy. 

20th     * 

'         William  C.  Callanan 

21st      * 

*         George  J.  Haffa. 

•  James  MMbeth,  died  July  5, 1907. 

Jamea  M.  Rozan,  elected  Councilman  by  the  Common  Council  September 
18, 1907.  to  All  vacancy  caused  by  the  death  of  James  Macbeth. 


72  Officers  of  the  City  Government 

22d   Ward — John  0.  Manning. 
23d       "        Neil  McEachren. 
24th     **         Francis  T.  Coppins. 
25th     **         George  H.  Striker. 

1908. 

Mayor James  N.  Adam. 

Comptroller George  M.  Zimmerman. 

Corporation  Counsel Louis  E.  Desbecker. 

Treasurer Neil  McEachren. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup 't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Police  Justice Simon  A.  Nash. 

Assessors Frank  J.  Schmidt,  Martin 

J.     Ryan,     Edward     G. 
Volz. 

COMMON    COUNCIL. 

City  Clerk— Harold  J.  Balliett. 

President  Common  Council — Henry  Adsit  Bull. 

Board  of  Councilmen: 
President — Henry  H.  Bingham. 

John  C.  Betz.  Jacob  J.  Siegrist. 

Henry  Adsit  Bull.  Charles  L.  Willert. 

Alfred  H.  Burt.  William    Burnet    Wright, 

•John  McManus.  Jr. 

Henry  Zipp. 

Board  of  Aldermen: 

Terms  expire  Dec.  31, 1909. 
President —  George  J.  Haffa. 
1st  Ward — John  P.  Sullivan. 
2d       **         John  J.  Collins. 
3d       "        Joseph  Butler. 

•  John  McManus  died  March  11, 1908. 

William  W.  Reilley  elected  CouncilmBn  by  the  Board  of  Councilmen  April 
29,  1908,  to  fill  vacancy  caused  by  the  death  of  John  McManus. 


Oppicees  op  the  City  Government  73 

4th  Ward —  Elmer  E.  Harris. 

Sth  *'  Louis  P.  Fuhrmann. 

6th  **  James  S.  Porter. 

7th  "  Edward  Sperry. 

8th  "  John  F.  Nowak. 

9th  **  WiUiam  Metzler. 

10th  '•  William  0.  Weimar. 

11th  "  Frank  J.  Britz. 

12th  **  Frank  W.  Schmieding. 

13th  "  George  J.  Burley. 

14th  **  Charles  F.  Brooks. 

15th  '•  Samuel  Stengel. 

16th  "  Henry  F.  Jerge.t 

17th  "  Harry  Fisher. 

18th  "  George  H.  Striker. 

19th  "  Octave  A.  Bruso. 

20th  "  WiUiam  H.  Crosby. 

21st  '•  Francis  T.  Coppins. 

22d  "  William  E.  Shifferens. 

23d  "  George  J.  Haffa. 

24th  "  Frank  J.  Bberle. 

25th  *'  John  J.  Kennedy. 

1909. 

Mayor James  N.  Adam. 

Comptroller George  M.  Zimmerman. 

Corporation  Counsel Louis  E.  Desbecker. 

Treasurer Neil  McEachren. 

Com'r  of  Ptiblic  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Police  Justice Simon  A.  Nash. 

Assessors Frank  J.  Schmidt,  Martin 

J.     Kyan,     Edward    G. 
Volz. 

t  Henry  F.  Jerge  reiiinied  as  Alderman  of  the  16th  Ward  December  14, 1908 

NicholHK  Kiederpraem  elected  Alderman  of  the  10th  Ward  by  the  Common 
Council  December  z8,  190H.  to  All  the  vacancy  caused  by  the  resignation  of 
Henry  F.  Jerg e. 


74 


Officers  of  the  City  Government 


COMMON    COUNCIJ.,. 

City  Clerk— Harold  J.  Balliett. 

President  Common  Council — Francis  T.  Coppins. 


Board  of  Councilmen: 
President — Henry  H.  Bingham. 


John  C.  Betz. 
Henry  Adsit  Bull. 
Alfred  H.  Burt. 
WiUiam  W.  I^eilley. 

Board  of  Aldermen: 


Jacob  J.   Siegrist. 
Charles  L.  Willert. 
Henry  Zipp. 

William   Burnett   Wright, 
Jr. 


Terms  expire  Dec.  31, 

i9oa 

President —   William  0.  Weimar. 

1st  Ward — John  P.  Sullivan. 

2d       ' 

*        John  J.  Collins. 

3d       ' 

'        Joseph  Butler. 

4th     * 

*         Elmer  E.  Harris. 

5th     ' 

*         Louis  P.  Fuhrmann. 

6th     ' 

*         James  S.  Porter. 

7th     ' 

*         Edward   Sperry. 

8th     * 

'         John  F.  Nowak. 

9th     ' 

*         William  Metzler. 

10th     • 

*         William  0.  Weimar. 

11th     ' 

*         Frank  J.  Britz. 

12th     * 

*         Frederick  W.   Schmieding.* 

13th     * 

*         George  J.  Burley. 

14th     ' 

*         Charles  F.  Brooks. 

15th     ' 

*         Samuel  Stengel. 

16th     ' 

*         Nicholas  Niederpruem. 

17th     * 

'         Harry  Fisher. 

18th     ' 

*         George  H.  Striker. 

•  rrederick  W.  Schmieding  died  May  14, 1909. 

William  Becker  elected  Alderman  of  the  12th  Ward  by  the  Common  Coun- 
cil June  14, 1909,  to  fill  yacancy  caused  by  the  death  of  Fredericlc  W.  Schmieding. 


Officers  op  the  City  Government  75 

19th  Ward—  Octave  A.  Bruso. 

20th  "  William  H.  Crosby. 

21st  '*  Francis  T.  Coppins. 

22d  "  William  E.  Shifferens. 

23d  "  George  J.  Haffa. 

24th  "  Frank  J.  Eberle. 

25th  "  John  J.  Kennedy. 

1910. 

Mayor Louis  P.  Fuhrmanu. 

Comptroller William  G.  Justice. 

Corporation  Counsel Clark  H.  Hammond. 

Treasurer Neil   McEaehren. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Chief  Judge,  City  Court William  P.  Brennan. 

Associate  Judges,  City  Court. VeiQr    Maul,     Albert     A. 

Hartzell,  Simon  A.  Nash, 

Devoe  P.  Hodson,  George 

E.  Judge. 
Assessors Martin  J.   Ryan,   William 

J.  Burke,  John  C.  Betz. 

COMMON  COUNCIL. 

City  Clerk— Harold  J.  Balliett. 

President  Common  Council — Charles  L.  Willert. 

Board  of  Councilmen: 
President — Henry  H.  Bingham. 

Henry  Adsit  Bull.  John  T.  Mahoney. 

Alfred  H.  Burt.  Jacob  J.  Siegrist. 

L.  Bradley  Dorr.  Charles  L.  Willert. 

John  Duchmann.  William   Burnett   Wright, 

Jr. 


76  Opficeks  of  the  City  Government 

Board  of  Aldermen: 

Terms  expire  Dee.  31,  1911. 

President — Francis  T.  Coppins. 

1st  Ward— John  P.  Sullivan. 

2d  "  John  H.  Bradley. 

3d  "  Edward  P.  Costello. 

4th  '*  Elmer  E.  Harris. 

5th  "  Edward  Stengel. 

6th  * '  J.  George  Kelberer. 

7th  "  Edward  Sperry. 

8th  •*  John  F.  Nowak. 

9th  **  William  Metzler. 

10th  "  William  O.  Weimar. 

11th  **  Frank  J.  Britz. 

12th  **  Henry  Bauer. 

13th  **  George  J.  Burley. 

14th  "  Christopher  P.  Schilling. 

15th  "  Samuel  Stengel. 

16th  "  Philip  Leininger. 

17tli  **  Harry  Fisher. 

18th  "  William  G.  Humphrey. 

19th  **  Octave  A.  Bruso. 

20th  *•  George  K.  Staples. 

21st  "  Francis  T.  Coppins. 

22d  **  William  E.  Shifferens. 

23d  **  George  J.  PTaffa. 

24th  '*  Frank  J.  Eiherle. 

25th  "  John  J.  Kennedv.* 


AN  ACT  entitled  "An  Act  to  Revise  the  Charter  of  the 
City  of  Buffalo,"  passed  May  29,  1909,  providing  for  the  crea- 
tion and  establishment  of  a  City  Court,  with  a  chief  judge  and  five 
associate  judges.  The  offices  of  Police  Justice.  Judges  of  the 
Municipal  Court  and  Justices  of  the  Peace  were  abolished. 

*  John  J.  Kennedy  resigned  as  Alderman  of  the  25th  Ward,  December  28, 
1910. 

Thomas  J.  Kavany  elected  Alderman  of  the  25th  Ward  by  the  Common 
Council  December  31, 1910,  to  fill  the  vacancy  caused  by  the  resignation  of  John 
J.  Kennedy. 


Officers  of  the  City  Government  77 

1911. 

Mayor Louis  P.  Fuhrmann. 

Comptroller  William  G.  Justice. 

Corporation  Counsel Clark  H.  Hammond. 

Treasurer Neil  McEachren. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Chief  Judge,  City  Court William  P.   Brennan. 

Associate  Judges,  City  Court  .Feter     Maul,     Albert     A. 

Ilartzell,  Simon  A.  Nash, 
George  E,  Judge. 

Assessors Martin  J.  Ryan,  John  C 

Betz,  William  J.  Burke. 

COMMON  COUNCIL. 

City  Clerk— Harold  J.  Balliett. 

President  Common  Council — Octave  A.  Bruso. 

Board  of  Councitmen: 
President — Alfred  H.  Burt. 

Henry  H.  Bingham.  Henry  Adsit  Bull. 

L.  Bradley  Dorr.  John  Duchmann. 

John  T.  Mahoney,  Jacob  J.  Siegrist. 

Charles  L.  Willert.  Wm.  Burnet  Wright,  Jr. 

Board  of  Aldermen: 

President — Elmer  E.  Harris. 
Ist  Ward— John  P.  Sullivan. 


2d 

John  H.  Bradley. 

3d 

Edward  P.  Costello. 

4th 

Elmer  E.  Harris. 

5th 

Edward  Stengel. 

6th 

J.  George  Kelberer. 

7th 

Edward  Sperry. 

8th 

Jolin  F.  Nowak. 

9th 

William  Metzler. 

78  Officers  of  the  City  Government 

lOth  Ward—  William  0.  Weimar. 

11th  "  Frank  J.  Britz. 

12th  "  Henry  Bauer. 

13th  "  George  J.  Burley. 

14th  "  .  Christopher  P.  Schilling. 

15th  "  Samuel  Stengel. 

16th  **  Philip  Leininger. 

17th  "  Harry  Fisher. 

18th  "  William  G.  Humphrey. 

19th  "  Octave  A.  Bruso. 

20th  **  George  K.  Staples. 

21st  "  Francis  T.  Coppins. 

22d  "  AVilliam  E.  ShifPerens. 

23d  "  George  J.  Haffa. 

24th  "  Frank  J.  Eberle. 

25th  ''  Thomas  J.  Kavany. 

1912. 

Mayor Louis  P.  Fuhrmann. 

Comptroller William  G.  Justice. 

Corporation  Counsel Clark  H.  Hammond. 

Treasurer John  "Reimann. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Chief  Judge,  City  Court William  P.  Brennan. 

Associate  Judges,  City  Court .  Albert  A.   Hartzell,  Peter 

Maul,  Thomas  H.  Noon- 
an,  Patrick  J.  Keeler, 
George  L.  Hager, 

Assessors John  C.  Betz,  William  J. 

Burke.  John  T.  Ma- 
honey. 

COMMON  COUNCIL. 

City  Clerk— Harold  J.  Balliett. 
President — L.  Bradley  Dorr. 


Officers  of  the  City  Government  79 

Board  of  Councilmen: 

President — Charles  L.  Willert. 

Francis  T.  Coppins.  L.  Bradley  Dorr. 

Boleslaw  Dorasewicz.  John  Duchmann. 

John  T.  Mahoney.*  Allan  I,  Holloway. 

Horace  Charles  Mills.  William  0.  Weimar. 

Board  of  Aldermen: 

President — George  K,  Staples. 
1st  Ward — John  P.  Sullivan. 


2d 

(( 

Michael  J.  Healy. 

3d 

<  i 

John  H.  Bradfey. 

4th 

(( 

E.  H.  B.  Kopperman. 

5th 

( ( 

Elmer  E.  Harris. 

6th 

(( 

Edward  Stengel. 

7th 

( ( 

Henry  Luippold. 

8th 

<( 

Edward  Sperry, 

9th 

C( 

Anthony  J.' Walkowiak. 

10th 

(( 

John  F.  Nowak. 

11th 

<  < 

Louis  Fechter.  Sr, 

12th 

( ( 

George  J.  Burley. 

13th 

( < 

Christopher  P.  Schilling. 

14th 

(( 

John  Fries. 

15th 

( ( 

William  F.  Waldo. 

16th 

(( 

Frank  T.  Dance. 

17th 

( ( 

Samuel  Stengel. 

18th 

11 

Philip  Leininger. 

19th 

<( 

Fred  W.  Gerking. 

2ath 

<< 

Harry  Fisher. 

21st 

(< 

William  G.  Humphrey. 

22d 

tt 

George  Vosseller. 

23d 

tt 

George  K.  Staples. 

24th 

tt 

William  E.  Shifferens. 

•John  T.  Mahoney  reslRned  as  Councilman  January  1, 1912. 

WilliAm   nermann   electe<1    Councilman    by   the   Board   of  Councilmen 
January  3, 1912,  to  fill  the  vacancy  caused  by  resignation  of  John  T.  Mahoney. 


80  Officers  of  the  City  Government 

25tli  Ward —  George  J.  Haffa. 

26th     **         Thomas  II.  McDonough. 

27th     **         James  D.  Wilson. 

1913. 

Mayor Louis  P.  Fuhrmann. 

Comptroller William  G.  Justice. 

Corporation  Counsel ...    Clark  H.  Hammond. 

Treasurer John  Reimann. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

Chief  Judge,  City  Court William  P.  Brennan. 

Associate  Judges,  City  Court  Albert  A.  Hartzell,  Peter 

Maul,  Thomas  H.  Noon- 
an,  Patrick  J.  Keeler, 
George  L.  Hager. 

Assessors John  C.  Betz,  William  J. 

Burke,  John  T.  Ma- 
honey. 

COMMON  COUNCIL. 

City  Clerk— Harold  J.  Balliett. 
President —  William   E.    Shifferens. 

Board  of  Councilmen: 
President — Horace  C.  Mills. 

Francis  T.  Coppins.  John  Duchmann. 

Boleslaw  Dorasewicz.  Allan  I.  HoUoway. 

William  Germann.  William  0.  Weimar. 

L.  Bradley  Dorr.  Charles  L.  Willert. 

Board  of  Aldermen: 

President — Edward  Sperry. 
1st  Ward— John  P.  Sullivan. 
2d       "        Michael  J.  Healy. 
3d       "        John  H.  Bradley. 


Officers  of  the  City  Government  81 


E.  H.  B.  Koppermau. 
Jiilmer  E.  Harris. 
Edward  Stengel. 
Henry  Luippold. 
Edward  Sperry. 
Anthony  J.  Walkowiak. 
John  F.  Nowak. 
Louis  Fechter,  Sr. 
George  J.  Biirley. 
Christopher  P.  Schilling. 
John  Fries. 
William  F.  Waldow. 
Frank  T.  Dance. 
Samuel  Stengel. 
Philip  Leininger. 
Fred  W.Gerking. 
Harry  Fisher. 
William  G.  Humphrey. 
George  Vosseller. 
George  K.  Staples. 
William  E.  Shifferens. 
George  J.  Haffa, 
Thomas  H.  McDonough. 
James  D.  Wilson.* 


1914. 

Mayor Louis  P.  Fuhrmann. 

Comptroller John  F.  Cochrane. 

Corporation  Counsel William  S.  Rann. 

Treasurer John  Reimann. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sup't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor rx)nis  J.  Kenngott. 

Chief  Judge,  City  Court William  P.  Brennan. 

•  Jamet  D.  Wllion  died  January  1,  1913. 

Edward  P.  Kelly  elected  Alderman  of  the  27th  Ward  by  the  Cominon  Coun- 
cil January  8, 1U13,  to  All  vacancy  caused  by  the  death  of  James  D.  Wilson. 


4th  Ward- 

5th 

( ( 

6th 

(( 

7th 

(( 

8th 

<( 

9th 

(( 

10th 

(( 

11th 

<  ( 

12th 

(( 

13th 

n 

14th 

( ( 

15th 

( ( 

16th 

(( 

17th 

( ( 

18th 

<< 

19th 

(( 

20th 

(( 

21st 

(( 

22d 

(( 

23d 

(( 

24th 

(( 

25th 

<< 

26th 

(( 

27th 

(( 

82 


Officers  of  the  City  Government 


Associate  Judges,  City  Court .  Albert  A.  Hartzell,  Peter 

Maul,  Thomas  H.  Noon- 
an,  Patrick  J.  Keeler, 
George  L.  Hager. 

Assessors William  J.  Burke,  John  T. 

Mahoney,  John  C.  Betz. 

COMMON  COUNCIL. 

City  Clerk — Daniel  J.  Sweeney. 
President — "William  J.  Coad. 

Board  of  Councilmen: 

President — Boleslaw  Dorasewiez. 
William  J.  Coad.  Francis  T.  Coppins. 

William  E.  Glass.  Allan  I.  Holloway. 

Thoefil  Kaitanowski,        Horace  0.  Mills. 
William  J.  Warwick.       William  0.  Weimar. 


Board  of  Aldermen: 

President — John  P.  Sullivan. 
1st  Ward— John  P.  Sullivan. 


2d       * 

*        ]\iichael  J.  Healy. 

3d       * 

Edward  P.  Costello. 

4th     ' 

*         Arthur  J.  Shea. 

5th     ' 

Timothy  P.  Coughliu. 

6th     • 

*         Edward  Stengel.* 

7th     ' 

*         Edward  J.  Endres, 

8th     * 

*         Edward  Sperry. 

9th     ' 

*         Anthony  J.  Walkowiak. 

10th     ' 

'         Frank  Roskwitalski. 

11th     ' 

'         Peter  Mildenberger. 

12th     * 

*         George  J.  Burley. 

13th     ' 

Otto  L.  Geyer. 

•  Resigned  December  29, 1914. 

Joseph  F.  Suttner  elected  Alderman  of  the  6th  Ward  by  the  Common  Coun- 
cil, December  30, 1914,  to  fill  the  vacancy  caused  by  the  resignation  of  Edward 
Stengel. 


Ofpicees  of  the  City  Government  83 

14th  Ward —  John  Fries. 

15th  "  George  Kohl. 

16th  "  Frank  T.  Dance. 

17th  **  Joseph  H.  Houck. 

18th  "  Conrad  J.  Meyer. 

19th  **  Arnold  T.  Armbrust. 

20th  •*  Frederick  H.  Holtz. 

21st  **  William  G.  Humphrey. 

22d  **  John  Purcell. 

23d  "  George  G.  Davidson,  Jr. 

24th  "^  Joseph  P.  Broderick. 

25th  "  George  J.  Haffa. 

26th  "  Thomas  H.  McDonough. 

27th  **  Edward  P.  Kelly. 

1915. 

Mayor Louis  P.  Fuhrmann. 

Comptroller John  F.  Cochrane. 

Corporation  Counsel , . .  .William  S.  Rann. 

Treasurer John  Reimann. 

Com'r  of  Public  Works Francis  G.  Ward. 

Sujy't  of  Education Henry  P.  Emerson. 

Overseer  of  Poor Louis  J.  Kenngott. 

CITY  COURT. 

Chief  Judge,  City  Court William  P.  Brennan. 

Associate  Judges,  City  Coiirt .  Alhert  A.   Hartzell,   Peter 

J.  Maul,  Thomas  H. 
Noonan,  Patrick  J.  Keel- 
er,  George  L.  Hager. 

Assessors William  J.  Burke,  John  T. 

Mahoney,  John  C.  Betz. 

COMMON  COUNCIL. 

City  Clerk — Daniel  J.  Sweeney. 
President — Timothy  P.  Coughlin. 


84  Officers  of  the  City  Government 

Board  of  Councilmen: 
President — Boleslaw  Dorasewiez. 

William  J.  Coad.  Francis  T.  Coppins. 

William  E.  Glass.  Allan  I.  Hollo  way. 

Thoefil  Kaitanowski,         Horace  C.  Mills. 

William  J.  Warwick.       William  0.  Weimar. 

Board  of  Aldermen: 

President — George  J.  Burley. 

1st  Ward — John  P.  Sullivan. 

2d  "  :\IicliaelJ.  Healy. 

3d  "  Edward  P.  Costello. 

4tli  "  Arthur  J.  Shea. 

5th  "  Timothy  P.  Coughlin. 

6th  "  Joseph  F.  Suttner. 

7th  **  Edward  J.  Endres. 

8th  "  Edward  Sperry. 

9th  *'  Anthony  J.  AValkowiak. 

10th  **  Frank  Roskwitalski. 

11th  ' '  Peter  Mildenberger. 

12th  "  George  J.  Burley. 

13th  •'  Otto  L.  Geyer. 

14th  "  John  Fries. 

15th  "  George  Kohl. 

16th  "  Frank  T.  Dance. 

17th  "  Joseph  H.  Houck. 

18th  "  Conrad  J.  Meyer. 

19th  "  Arnold  T.  Armbrust. 

20th  **  Frederick  H.  Holtz. 

21st  "  William  G.  Humphrey. 

22d  ''  John  Purcell. 

23d  "  George  G.  Davidson,  Jr. 

24th  "  Joseph  P.  Broderick. 

25th  "  George  J.  Haffa. 

26th  "  Thomas  H.  ]\rcDonough. 

27th  '*  Edward  P.  Kelly. 


TABLE  OF  CONTENTS 


Title  Subject  Sections 

I.     Boundaries ;  civil  divisions ;  powers,  rights 

and  obligations  of  the  city 1-5 

II.     The  legislative  department : 

Art.  1.    The  council 10-26 

Art.  2.     Referendum 31-34 

III.     The  executive  department 40-51 

IV.     Elections: 

Art.  1.     Designation  of  candidates  for 
nomination  for  mayor  and  councilmen     70-78 

Art.  2.     Registration  of  Electors  and 
primary  election 79-92 

Art.  3.     Voting  and  canvass  of  votes 
at  the  general  election 93 

Art.  4,     Special   elections 94-99 

V.    Department  of  finance  and  accounts : 

Art.  1.     General  fund 100-*108 

Art.  2.  Chap.  1.     Department    of    as- 
sessment  110-*116 

Art.  2.  Chap.  2.     Annual    assessment- 
roll 115-119 

Art.  2,  Chap.  3.     Local   assessments.  .125-156 

Art.  3.     Collection  of  taxes  and  assess- 
ments  165-206 

VI.    Of  eminent  domain 215-243 


86  Commission  Charter 

VII.     Department  of  puiblic  safety : 

Art.  1.     Department  of  police 250-265 

Art.  2.     Department  of  fire 270-283 

Art.  3.     Department  of  health 285-288 

VIII.     Department  of  Public  Affairs : 

Art.  1.     Department  of  public  instruc- 
tion  290-304 

Art,  2.     Department  of  poor 305-310 

IX.     Department  of  public  works 315-326 

X.     Department  of  parks  and  public  build- 
ings  330-337 

XI.     Actions  by  and  against  the  city 340-341 

XII.     Department  of  law 342-344 

XIII.  Supervisors 345-346 

XIV.  Miscellaneous  provisions  relative  to  pub- 

lic grounds,  streets  and  waters 350-363 

XV.     Other  miscellaneous  provisions 370-*393 

XVI.    Laws  repealed;  when  to  take  effect;  sav- 

"  ing  clause 395-398 

*So  in  original. 


THE   CHARTER 


OF   THE 


CITY  OF  BUFFALO 

Chapter  217,  Laws  of  1914 


AN  ACT 

To  Provide  a  Charter  for  the  City  of  Buffalo. 

Approved  by  Governor  Martin  H.  Glynn,  April  7th,  1914. 

Accepted  by  the  people  at  a  general  election — 36,327  in  favor; 
21,001  against;    18,865  blank  votes.     Total  vote  cast,  76,203. 


The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  fol- 
lows: 

TITLE  I. 

Boundaries  ;  Civil  Divisions  ;  Powers  ;  Rights  and 
Obligations  of  the  City. 

Section  1.  This  act  is  a  public  act  and  shall  be 
known  as  ''The  Charter  of  the  City  of  Buffalo.*' 

§  2.  The  city  of  Buffalo  shall  be  bounded  as 
follows :  Beginning  at  a  point  where  a  line  drawn 
parallel  with  and  thirteen  hundred  and  fifty-threo 
feet  distant  and  southerly  at  right  angles  from  the 
northerly  line  of  lot  one  hundred  and  three  on  the 
*  *  mile  strip ' '  of  the  New  York  state  reservation  on 
the  Niagara  river  will  intersect  the  east  bank  of 
tlie  Niagara  river  and  running  thence  easterly 
and  parallel  with  said  northerly  line  of  said  lot 


88  Commission  Charter  [Title  I. 

one  hundred  and  three  to  the  New  York  state 
reservation  line,  including  so  much  of  said  lot  one 
hundred  and  three  as  lies  southerly  of  the  line, 
thus  establishing  and  excluding  so  much  of  the 
"Jones  mile  square,"  so-called,  as  lies  northerly 
of  said  line ;  thence  southeasterly  along  the  north- 
easterly bounds  of  the  said  '*  Jones  mile  square" 
and  the  New  York  state  reservation  line  the  fol- 
lowing courses  and  distance,  to  wit:  South  forty 
degrees  east,  two  chains  and  sixty  links;  south 
thirty-five  degrees  east,  seven  chains ;  south  thirty 
degrees  east,  seven  chains;  south  twenty-five  de- 
grees east,  seven  chains;  and  south  twenty  de- 
grees east,  one  chain  and  eighty-three  links  to  the 
northwesterly  corner  of  township  number  eleven, 
in  the  eighth  range  of  townships  of  the  Holland 
Land  Company's  survey;  thence  easterly,  along 
the  northerly  line  of  said  township  to  the  north- 
easterly corner  thereof ;  thence  easterly,  along  the 
northerly  line  of  lot  number  sixty-six  of  the  elev- 
enth township  and  seventh  range,  to  the  northeast- 
erly corner  of  said  lot  number  sixty-six;  thence 
southerly,  along  the  easterly  line  of  said  lot  num- 
ber sixty-six,  to  the  center  line  of  Main  street; 
thence  northeasterly  along  the  center  line  of  Main 
street  to  the  center  line  of  Bailey  avenue ;  thence 
southerly  along  the  center  line  of  Bailey  avenue 
to  the  northerly  line  of  lot  number  forty-six; 
thence  easterly,  along  the  southerly  line  of  lots 
numbers  fifty-eight,  fifty-seven  and  fifty-six,  to 
the  southeasterly  corner  of  said  lot  fifty-six; 
thence  southerly  along  the  easterly  line  of  lots 
numbers  forty-six,  forty-five,  forty-four,  forty- 
three,  forty-two  and  forty-one,  in  the  southwest- 
erly corner  of  lot  number  thirty-two,  and  the 
southeasterly  corner  of  lot  number  forty-one  in 


Title  I.]  Commission  Charter  89 

said  last-mentioned  township;  said  corners  being 
also  a  point  in  the  northerly  line  of  the  Buffalo 
Creek  Indian  reservation,  as  surveyed  by  James 
Sperry,  eight  chains  and  eighty-two  links  easterly 
from  the  northwesterly  corner  of  lot  number  one 
hundred  and  forty-eight  and  one-half;  thence 
south  one  degree  and  fifty-one  minutes  west,  two 
hundred  and  eighty-eight  chains  and  seventy-four 
links  to  a  point  in  the  southerly  line  of  lot  number 
two  hundred  and  seventy-four  of  said  reservation, 
and  eighteen  chains  and  forty-eight  links  easterly 
from  southwesterly  corner  of  said  lot  number  two 
hundred  and  seventy-four;  thence  westerly  alon:? 
the  southerly,  line  of  lots  numbers  two  hundred 
and  seventy-four,  two  hundred  and  sixty-four,  two 
hundred  and  sixty-three  and  forty-two,  to  the 
southwesterly  comer  of  said  lot  number  forty- 
two;  thence  westerly  on  the  same  course  as  the 
last  described  line,  to  the  westerly  line  of  the  state 
of  New  York;  thence  northerly,  along  said  west- 
erly line  of  the  state  of  New  York,  to  a  point  on 
Niagara  river  at  right  angles  with  the  easterly 
shore  opposite  the  place  of  beginning,  and  thence, 
in  a  right  line  easterly,  to  the  place  of  beginning. 

^  3.     The  city  shall  be  divided  into  twenty-seven 
wards,  bounded  respectively,  as  follows : 


FIRST  WABD. 

All  that  portion  of  the  city  included  iii  the 
following  boundary  shall  be  known  as  the 
first  ward,  to  wit:  Beginning  at  the  inter- 
section of  the  center  lines  of  Main  street 
and  Perry  street;  thence  along  the  center 
line  of  Main  street  southerly  to  the  center 
line  of  Buffalo  river;  thence  westerly  along  the 


90  Commission  Charter  [Title  I. 

center  line  of  Buffalo  river  to  a  point  in  the  west- 
erly boundary  of  the  state  of  New  York  opposite 
the  mouth  of  Buffalo  river ;  thence  southerly  along 
the  westerly  boundary  of  the  state  of  New  York 
to  the  intersection  with  a  line  which  would  be 
formed  if  the  easterly  track  of  the  Buffalo  Creek 
railroad  were  continued  in  a  straight  line  to  the 
westerly  boundary  of  the  state  of  New  York; 
thence  northeasterly  along  the  center  of  said  line 
to  the  easterly  track  of  the  Buffalo  Creek  railroad 
as  now  located  to  the  center  line  of  Perry  street ; 
thence  westerly  along  the  center  line  of  Perry 
street  to  the  intersection  of  the  center  lines  of 
Main  street  and  Perry  street,  the  p|,ace  of  begin- 
ning. 

SECOND  WABD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  Eagle  street ;  thence  southerly 
along  the  center  line  of  Main  street  to  the  inter- 
section of  the  center  lines  of  Main  street  and 
Perry  street;  thence  easterly  along  the  center  line 
of  Perry  street  to  the  intersection  of  the  center 
lines  of  Perry  street  and  Louisiana  street ;  thence 
northerly  along  the  center  line  of  Louisiana  street 
to  the  intersection  of  the  center  lines  of  Sieneca 
street  and  Louisiana  street ;  thence  easterly  along 
the  center  line  of  Seneca  street  to  the  intersection 
of  the  center  lines  of  Seneca  street  and  Spring 
street;  thence  northerly  along  the  center  line  of 
Spring  street  to  the  intersection  of  the  center  lines 
of  Eagle  street  and  Spring  street ;  thence  westerly 
along  the  center  line  of  Eagle  street  to  the  inter- 
section of  the  center  lines  of  Main  street  and 
Eagle  street,  the  place  of  beginning. 


Title  I.]  Commission  Charter  91 

THIRD  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Spring  street  and  Eagle  street;  thence  southerly 
along  the  center  line  of  Spring  street  to  the  inter- 
section of  the  center  lines  of  Spring  street  and 
Seneca  street;  thence  westerly  along  the  center 
line  of  Seneca  street  to  the  intersection  of  the  cen- 
ter lines  of  Seneca  street  and  Louisiana  street; 
thence  southerly  along  the  center  line  of  Louisiana 
street  to  the  intersection  of  the  center  lines  of 
Louisiana  street  and  Perry  street ;  thence  easterly 
along  the  center  line  of  Perry  street  to  the  inter- 
section of  the  center  lines  of  Perry  street  and  Bab- 
cock  street;  thence  northerly  along  the  center 
line  of  Babcock  street  to  the  intersection  of 
the  center  lines  of  Babcock  street  and  Clin- 
ton street;  thence  westerly  along  the  cen- 
ter line  of  Clinton  street  to  the  intersection 
of  the  center  lines  of  Clinton  street  and  Fillmore 
avenue;  thence  southerly  along  the  center  line  of 
Fillmore  avenue  to  the  intersection  of  the  center 
lines  of  Fillmore  avenue  and  Eagle  street ;  thence 
westerly  along  the  center  line  of  Eagle  street  to 
the  intersection  of  the  center  lines  of  Sipring  street 
and  Eagle  street,  the  place  of  beginning. 

FOUBTH  WABD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Babcock  street  and  Clinton  street ;  thence  south- 
westerly along  the  center  line  of  Babcock  street 
to  the  intersection  of  the  center  lines  of  Babcock 
street  and  Perry  street ;  thence  westerly  along  the 
center  line  of  Perry  street  to  the  easterly  bound- 
arj'  of  the  first  ward ;  thence  southwesterly  along 
said  easterly  boundary  to  the  westerly  boundary 


92  Commission  Charter  [Title  I. 

of  the  state  of  New  York;  thence  southeasterly 
along  said  westerly  boundary  to  its  intersection 
with  the  southerly  boundary  of  the  said  city; 
thence  easterly  along  the  southerly  boundary  of 
said  city  to  its  intersection  with  the  center  line  of 
South  Park  avenue;  thence  northerly  and  north- 
easterly along  the  center  line  of  South  Park  ave- 
nue to  the  intersection  of  the  center  lines  of  South 
Park  avenue  and  Seneca  street ;  thence  northwest- 
erly along  the  center  line  of  Seneca  street  to  the 
intersection  of  the  center  lines  of  Seneca  street 
and  Bailey  avenue ;  thence  northeasterly  along  the 
center  line  of  Bailey  avenue  to  the  intersection  of 
the  center  lines  of  Bailey  avenue  and  Clinton 
street ;  thence  northwesterly  along  the  center  line 
of  Clinton  street  to  the  intersection  of  the  center 
lines  of  Clinton  street  and  Babcock  street,  the 
place  of  beginning. 

FIFTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Bailey  avenue  and  Clinton  street ;  thence  south- 
westerly along  the  center  line  of  Bailey  avenue  to 
the  intersection  of  the  center  lines  of  Bailey 
avenue  and  Seneca  street;  thence  southeast- 
erly along  the  center  line  of  Seneca  street  to  the 
intersection  of  the  center  lines  of  Seneca  street 
and  South  Park  avenue ;  thence  southwesterly  and 
southerly  along  the  center  line  of  South  Park  ave- 
nue to  the  intersection  of  the  center  line  of  South 
Park  avenue  and  the  southerly  boundary  of  said 
city ;  thence  easterly  along  the  southerly  boundary 
of  said  city  to  the  southeast  comer  of  said  city; 
thence  northerly  along  the  easterly  boundary  of 
said  city  to  its  intersection  with  the  center  line  of 
Clinton  street;  thence  westerly  along  the  center 


Title  I.]  Commission  Charter  93 

line  of  Clinton  street  to  the  intersection  of  the 
center  lines  of  Clinton  street  and  Bailey  avenue, 
the  place  of  beginning. 

SIXTH  WARD. 

Beginning  at  the  intersection  of  the  cen- 
ter lines  of  Main  street  and  Goodell  street; 
thence  southerly  along  the  center  line  oi:' 
Main  street  to  the  intersection  of  the  cen- 
ter lines  of  Main  street  and  Eagle  street; 
thence  easterly  along  the  center  line  of 
Eagle  street  to  the  intersection  of  the  center  lines 
of  Eagle  street  and  Pine  street ;  thence  northerly 
along  the  center  line  of  Pine  street  to  the  inter- 
section of  the  center  lines  of  Pine  street  and  Wil- 
liam street;  thence  easterly  along  the  center  line 
of  William  street  to  the  intersection  of  the  center 
line  of  William  street  and  Bennett  street; 
thence  northwesterly  along  the  center  lines 
of  Bennett  street  and  Ash  street  to  the 
intersection  of  the  center  lines  of  Genesee 
street  and  Ash  street;  thence  westerly  along 
the  center  line  of  Genesee  street  to  the 
intersection  of  the  center  lines  of  Michigan 
street  and  Genesee  street;  thence  northerly  along 
tlie  center  line  of  Michigan  street  to  the  inter- 
section of  the  center  lines  of  Michigan  street  and 
Goodell  street;  thence  westerly  along  the  center 
line  of  Goodell  street  to  the  intersection  of  the 
center  lines  of  Main  street  and  Goodell  street,  the 
place  of  beginning. 

SEVENTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Broadway  and  Bennett  street;  thence  south- 
easterly along  the  center  line  of  Bennett  street  ta 


94  Commission  Chabter  [Title  I. 

the  intersection  of  the  center  lines  of  Bennett 
street  and  William  street;  thence  westerly  along 
the  center  line  of  William  street  to  the  intersection 
of  the  center  lines  of  William  street  and  Pino 
street;  thence  southerly  along  the  center  line  of 
Pine  street  to  the  intersection  of  the  center  lines 
of  Pine  street  and  Eagle  street;  thence  easterly 
along  the  center  line  of  Eagle  street  to  the  inter- 
section of  the  center  lines  of  Eagle  street  and 
Madison  street;  thence  northerly  along  the  center 
line  of  Madison  street  to  the  intersection  of  the 
center  lines  of  Madison  street  and  Broadway; 
thence  westerly  along  the  center  line  of  Broadway 
to  the  intersection  of  the  center  lines  of  Bennett 
street  and  Broadway,  the  place  of  beginning. 

EIGHTH  WAKD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Madison  street  and  Broadway;  thence  south- 
erly along  the  center  line  of  Madison  street  to  the 
intersection  of  the  center  lines  of  Madison  street 
and  Eagle  street ;  thence  easterly  along  the  center 
line  of  Eagle  street  to  the  intersection  of  the  cen- 
ter lines  of  Eagle  street  and  Smith  street ;  thence 
northerly  along  the  center  line  of  Smith  street  to 
the  intersection  of  the  center  lines  of  Smith  street 
and  Broadway;  thence  westerly  along  the  center 
line  of  Broadway  to  the  intersection  of  the  center 
lines  of  Broadway  and  Madison  street,  the  place 
of  beginning. 

NINTH   WAED. 

Beginning  at  the  intersection  of  the  center  lines 
of  Broadway  and  Smith  street;  thence  southerly 
along  the  center  line  of  Smith  street  to  the  inter- 
section of  the  center  lines  of   Smith   street   and 


Title  I.]  Commission  Charter  95 

Eagle  street ;  thence  easterly  along  the  center  line 
of  Eagle  street  to  the  intersection  of  the  center 
lines  of  Eagle  street  and  Fillmore  avenue ;  thence 
northeasterly  along  the  center  line  of  Fillmore 
avenue  to  the  intersection  of  the  center  lines  of 
Fillmore  avenue  and  Clinton  street;  thence  south- 
easterly along  the  center  line  of  Clinton  street  to 
the  intersection  of  the  center  lines  of  Clinton 
street  and  Babcock  street;  thence  northeasterly 
along  the  center  line  of  Babcock  street  to  the  inter- 
section of  the  center  lines  of  Babcock  street  and 
William  street;  thence  westerly  along  the  center 
line  of  William  street  to  the  intersection  of  the 
center  lines  of  William  street  and  Fillmore  ave- 
nue; thence  northerly  along  the  center  line  of 
Fillmore  avenue  to  the  intersection  of  the  center 
lines  of  Fillmore  avenue  and  Broadway;  thence 
southwesterly  along  the. center  lin  •  of  Broadway 
to  the  intersection  of  the  center  lines  of  Broadway 
and  Smith  street,  the  place  of  beginning. 

TENTH    WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Fillmore  avenue  and  Stanislaus  street;  thence 
southerly  along  the  center  line  of  Fillmore  avenue 
to  the  intersection  of  the  center  lines  of  Fillmore 
avenue  and  William  street;  thence  easterly  along 
the  center  line  of  William  street  to  the  intersec- 
tion of  the  center  of  a  line  which  would  be  formed 
by  the  extension  of  Milburn  street;  thence  north- 
erly along  the  center  of  said  line  and  the  center 
line  of  Milburn  street  to  the  intersection  of  the 
center  lines  of  Milburn  street  and  Broadway; 
thence  southwesterly  along  the  center  line  of 
Broadway  to  the  New  York  Central  belt  line  track 
(as  now  located) ;  thence  northerly  along  said  belt 


96  Commission  Charter  [Title  I. 

line  track  to  the  center  of  a  line  formed  by  the 
extension  of  Stanislaus  street  eastward  to  said 
belt  line  track ;  thence  westerly  along  the  center  of 
said  line  and  the  center  line  of  Stanislaus  street 
to  the  intersection  of  the  center  lines  of  Stanislaus 
street  and  Fillmore  avenue,  the  place  of  beginning. 

ELEVENTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Broadway  and  Milbum  street ;  thence  southerlj'^ 
along  the  center  line  of  Milburn  street  and  the 
center  of  a  line  which  would  be  formed  by  the  ex- 
tension of  Milburn  street  to  William  street  to  the 
intersection  of  the  center  of  said  line  with  the 
center  line  of  William  street;  thence  easterly 
along  the  center  line  of  William  street  to  the  inter- 
section of  the  center  lines  of  William  street  and 
Babcock  street;  thence  southwesterly  along  the 
center  line  of  Babcock  street  to  the  intersection 
of  the  center  lines  of  Babcock  street  and  Clinton 
street;  thence  southeasterly  and  easterly  along 
the  center  line  of  Clinton  street  to  the  easterly 
boundary  of  the  said  city ;  thence  northerly  along 
the  easterly  boundary  of  said  city  to  the  intersec- 
tion of  said  easterly  boundary  and  the  center  line 
of  Broadway ;  thence  southwesterly  along  the  cen- 
ter line  of  Broadway  to  the  intersection  of  the  cen- 
ter lines  of  Broadway  and  Milburn  street,  the 
place  of  beginning. 

TWELFTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  North  street ;  thence  southerly 
along  the  center  line  of  Main  street  to  the  inter- 
section of  the  center  lines  of  Main  street  and 
Goodell  street;  thence  easterly  along  the  center 


Title  I.]  Commission  Charter  97 

line  of  Goodell  street  to  the  intersection  of  the 
center  lines  of  Goodell  street  and  Michigan  street; 
thence  southerly  along  the  center  line  of  Michigan 
street  to  the  intersection  of  the  center  lines  of 
Genesee  street  and  Michigan  street ;  thence  north- 
easterly along  the  center  line  of  Genesee  street  to 
the  intersection  of  the  center  lines  of  Genesee 
street  and  Hickory  street;  thence  northwesterly 
along  the  center  line  of  Hickory  street  to  the  inter- 
section of  the  center  lines  of  Hickory  street  and 
Cherry  street ;  thence  northeasterly  along  the  cen- 
ter line  of  Cherry  street  to  the  intersection  of  the 
center  lines  of  Cherry  street  and  Locust  street; 
thence  northerly  along  the  center  line  of  Locust 
street  to  the  intersection  of  the  center  lines  of 
Locust  street  and  North  street;  thence  westerly 
along  the  center  line  of  North  street  to  the  inter- 
section of  the  center  lines  of  Main  street  and 
North  street,  the  place  of  beginning. 

THIRTEENTH   WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  North  street  and  Locust  street;  thence  south- 
erly along  the  center  line  of  Locust  street  to  the 
intersection  of  the  center  lines  of  Locust  street 
and  Cherry  street ;  thence  southwesterly  along  the 
center  line  of  Cherry  street  to  the  intersection  of 
the  center  lines  of  Cherry  street  and  Hickory 
street;  thence  southerly  along  the  center  line  of 
Hickory  street  to  the  intersection  of  the  center 
lines  of  Genesee  street  and  Hickory  street ;  thence 
northeasterly  along  the  center  line  of  Genesee 
street  to  the  intersection  of  the  center  lines  of 
Herman  street  and  Genesee  street;  thence  north- 
erly along  the  center  line  of  Herman  street  to 
to    the    intersection    of    the    center    lines    of 


98  Commission  Charter  [Title  I. 

Herman  street  and  Best  street;  thence  west- 
erly along  the  center  line  of  Best  street  to 
the  intersection  of  the  center  lines  of  Best  street 
and  Jefferson  street;  thence  southerly  along  the 
center  line  of  Jefferson  street  to  the  intersection 
of  the  center  lines  of  Jefferson  street  and  North 
street;  thence  westerly  along  the  center  line  of 
North  street  to  the  intersection  of  the  center  lines 
of  North  street  and  Locust  street,  the  place  of 
beginning. 

FOUETEENTH  WABD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Genesee  street  and  Ash  street;  thence  south- 
easterly along  the  center  line  of  Ash  street  to  the 
intersection  of  the  center  lines  of  Ash  street  and 
Broadway;  thence  easterly  along  the  center  line 
of  Broadway  to  the  intersection  of  the  center  lines 
of  Broadway  and  SJierman  street;  thence  north- 
erly along  the  center  line  of  Sherman  street  to  the 
intersection  of  the  center  lines  of  Sherman  street 
and  Genesee  street;  thence  southwesterly  along 
the  center  line  of  Genesee  street  to  the  intersection 
of  the  center  lines  of  Genesee  street  and  Ash 
street,  the  place  of  beginning. 

FIFTEENTH    WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Genesee  street  and  Sherman  street;  thence 
southerly  along  the  center  line  of  Sherman  street 
to  the  intersection  of  the  center  lines  of  Sherman 
street  and  Broadway;  thence  easterly  along 
the  center  line  of  Broadway  to  the  intersec- 
tion of  the  center  lines  of  Broadway  and  Fillmore 
avenue;  thence  northerly  along  the  center  line  of 
Fillmore  avenue  to  the  intersection  of  the  center 


Title  1. 1  Commission  Charter  99 

lines  of  Fillmore  avenue  and  Stanislaus  street; 
thence  easterly  along  the  center  line  of  Stanislaus 
street  and  the  center  of  a  line  formed  by  the  ex- 
tension of  Stanislaus  street  to  the  New  York  Cen- 
tral belt  line  tracks;  thence  northerly  along  the 
said  New  York  Central  belt  line  tracks  to  the  cen- 
ter line  of  Walden  avenue ;  thence  westerly  along 
the  center  line  of  Walden  avenue  and  Best  street 
to  the  intersection  of  the  center  lines  of  Best  street 
and  Herman  street;  thence  southerly  along  the 
center  line  of  Herman  street  to  the  intersection  of 
the  center  lines  of  Herman  street  and  Genesee 
street;  thence  southwesterly  along  the  center  line 
of  Grenesee  street  to  the  intersection  of  the  center 
lines  of  Genesee  street  and  Sherman  street,  the 
place  of  beginning. 

SIXTEENTH    WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Genesee  street  and  Doat  street;  thence  south- 
westerly along  the  center  line  of  Genesee  street 
to  the  New  York  Central  belt  line  tracks  as  now 
located ;  thence  southerly  along  the  New  York  Cen- 
tral belt  line  tracks  to  the  center  line  of  Broad- 
way; thence  easterly  along  the  center  line  of 
Broadway  to  the  east  boundary  of  the  said  city; 
thence  northerly  along  the  easterly  boundary  of 
said  city  to  the  center  line  of  Doat  street ;  thence 
westerly  along  the  center  line  of  Doat  street  to 
the  intersection  of  the  center  lines  of  Doat  street 
and  Genesee  street,  the  place  of  beginning. 

SEVENTEENTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  Delavan  avenue ;  thence  south- 
westerly and  southerly  along  the  center  line. of 


100  Commission  Charter  [Title  I. 

Main  street  to  the  intersection  of  the  center  lines 
of  Main  street  and  North  street;  thence  easterly 
along  the  center  line  of  North  street  to  the  inter- 
section of  the  center  lines  of  North  street  and  Jef- 
ferson street;  thence  northerly  along  the  center 
line  of  Jefferson  street  to  the  intersection  of  the 
center  lines  of  Jefferson  street  and  Delavan  ave- 
nue ;  thence  westerly  along  the  center  line  of  Dela- 
van avenue  to  the  intersection  of  the  center  lines 
of  Main  street  and  Delavan  avenue,  the  place  of 
beginning. 

'  EIGHTEENTH  WAKD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Delavan  avenue  and  Jefferson  street;  thence 
southerly  along  the  center  line  of  Jefferson  street 
to  the  intersection  of  the  center  lines  of  Jefferson 
street  and  Best  street;  thence  easterly  along  the 
center  lines  of  Best  street  and  Walden  avenue  to 
the  intersection  of  the  center  lines  of  Walden  ave- 
nue and  East  Parade  avenue;  thence  northerly 
along  the  center  line  of  East  Parade  avenue  to  the 
intersection  of  the  center  lines  of  East  Parade 
avenue  and  Northampton  street;  thence  westerly 
along  the  center  line  of  Northampton  street  to  the 
intersection  of  the  center  lines  of  Northampton 
street  and  Fillmore  avenue;  thence  northerly 
along  the  center  line  of  Fillmore  avenue  to  the 
intersection  of  the  center  lines  of  Fillmore  avenue 
and  Delavan  avenue;  thence  westerly  along  the 
center  line  of  Delavan  avenue  to  the  intersection 
of  the  center  lines  of  Delavan  avenue  and  Jeffer- 
son street,  the  place  of  beginning. 


Title  I.]  Commission  Charter  101 

NINETEENTH   WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Delavan  avenue  and  Fillmore  avenue;  thence 
southerly  along  the  center  line  of  Fillmore  avenue 
to  the  intersection  of  the  center  lines  of  Fillmore 
avenue  and  Northampton  street;  thence  easterly 
along  the  center  line  of  Northampton  street  to  the 
intersection  of  the  center  lines  of  Northampton 
street  and  East  Parade  avenue;  thence  southerly 
along  the  center  line  of  East  Parade  avenue  to  the 
intersection  of  the  center  lines  of  East  Parade 
avenue  and  Walden  avenue ;  thence  easterly  along 
the  center  line  of  Walden  avenue  to  the  New  York 
Central  belt  line  tracks  as  now  located;  thence 
northerly  along  the  New  York  Central  belt  lino 
tracks  to  the  center  line  of  Genesee  street ;  thence 
northeasterly  along  the  center  line  of  Genesee 
street  to  the  intersection  of  the  center  lines  of 
Genesee  street  and  Doat  street;  thence  easterly 
along  the  center  line  of  Doat  street  to  the  easterly 
boundary  of  the  said  city ;  thence  northerly  along 
the  easterly  boundary  of  said  city  to  the  center 
line  of  Delavan  avenue ;  thence  westerly  along  the 
center  line  of  Delavan  avenue  to  the  intersection 
of  the  center  lines  of  Delavan  avenue  and  Fillmore 
avenue,  the  place  of  beginning. 

TWENTIETH    WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  Delavan  avenue;  thence  east- 
erly along  the  center  line  of  Delavan  avenue  to  the 
easterly  boundary  of  the  city;  thence  northerly 
along  the  easterly  boundary  of  the  city  to  the 
northerly  boundary  of  the  city;  thence  westerly 
along  the  northerly  boundary  of  the  city  to  the 


102  Commission  Charter  [Title I. 

intersection  of  the  center  line  of  Bailey  avenue; 
thence  northerly  along  the  center  line  of  Bailey 
avenue  to  the  center  lines  of  Bailey  avenue  and 
Main  street ;  thence  southwesterly  along  the  center 
line  of  Main  street  to  the  easterly  boundary  of  the 
city ;  thence  northerly  along  the  easterly  boundary 
of  the  city  to  the  northerly  boundary  of  the  city ; 
thence  westerly  along  the  northerly  boundary  of 
the  city  to  the  center  line  of  Delaware  avenue; 
thence  southerly  along  the  center  line  of  Delaware 
avenue  to  the  center  of  Scajaquada  creek ;  thence 
along  the  center  of  Scajaquada  creek  to  the  center 
line  of  Main  street ;  thence  along  the  center  line  of 
Main  street  to  the  intersection  of  the  center  lines 
of  Main  street  and  Delavan  avenue,  the  place  of 
beginning. 

TWENTY-FIBST  WARD. 

Beginning  at  the  intersection  of  the  northerly 
boundary  of  the  city  and  the  center  line  of  Delaware 
avenue;  thence  southerly  along  the  center  line  of 
Delaware  avenue  to  the  center  line  of  Scajaquada 
creek;  thence  westerly  along  the  center  line  of 
Scajaquada  creek  to  the  westerly  boundary  of  the 
state  of  New  York,  excluding  any  portion  of 
Squaw  island ;  thence  northerly  along  the  westerly 
boundary  of  the  state  of  New  York  to  the  inter- 
section of  said  westerly  boundary  and  the  north- 
westerly boundary  of  the  city;  thence  northeast- 
erly, southeasterly  and  easterly  along  the  north- 
erly boundary  of  the  city  to  the  intersection  of 
the  northerly  boundary  of  the  city  and  the  center 
line  of  Delaware  avenue,  the  place  of  beginning. 


Title  I.]  Commission  Charter  103 

TWENTY-SECOND  WAKD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Ferry  street  and  Parkdale  avenue  (formerly 
called  Preston  street) ;  thence  northerly  along  the 
center  line  of  Parkdale  avenue  (formerly  called 
Preston  street  and  Try  on  place)  to  the  intersec- 
tion of  the  center  lines  of  Parkdale  avenue  (form- 
erly called  Tryon  place)  and  Forest  avenue; 
thence  westerly  along  the  center  line  of  Forest 
avenue  to  the  intersection  of  the  center  lines  of 
Forest  avenue  and  Rees  street;  thence  northerly 
along  the  center  line  of  Rees  street  and  the  center 
of  a  line  which  would  be  formed  by  the  extension 
of  Rees  street  to  Scajaquada  creek  to  the  inter- 
section of  the  center  line  with  the  center  line  of 
Scajaquada  creek;  thence  westerly  along  the  cen- 
ter line  of  Scajaquada  creek  to  the  westerly  bound- 
ary of  the  state  of  New  York  including 
Squaw  island;  thence  southerly  along  the 
westerly  boundary  of  the  state  of  New 
York  to  a  point  on  the  center  line  of 
Albany  street  extended;  thence  easterly  on  the 
center  line  of  Albany  street  extended  and  the  cen- 
ter line  of  Albany  street  to  the  intersection  of  the 
centerlineof  Albany  street  and  Hampshire  street; 
thence  northeasterly  along  the  center  line  of 
Hampshire  street  to  the  intersection  of  the  center 
lines  of  Hampshire  street  and  Ferry  street ;  thence 
westerly  along  the  center  line  of  Ferry  street  to 
the  intersection  of  the  center  lines  of  Ferry  street 
and  Parkdale  avenue,  the  place  of  beginning. 

TWENTY-THIRD  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  Scajaquada  creek ;  thence  west- 
erly along  the  center  line  of  Scajaquada  creek  to 


104  Commission  Charter  [Title  I. 

the  intersection  of  the  center  line  of  Scajaquada 
creek  and  the  center  of  a  line  which  would  be 
formed  by  the  extension  of  Rees  street  to  the  said 
creek;  thence  southerly  along  the  center  of  said 
line  and  the  center  line  of  Rees  street  to  the  inter- 
section of  the  center  lines  of  Rees  street  and  For- 
est avenue;  thence  easterly  along  the  center  line  of 
Forest  avenue  to  the  intersection  of  the  center 
lines  of  Forest  avenue  and  Parkdale  avenue  (form- 
erly called  Tryon  place) ;  thence  southerly  along 
the  center  line  of  Parkdale  avenue  (formerly  called 
Tryon  place  and  Preston  street)  to  the  intersec- 
tion of  the  center  lines  of  Parkdale  avenue  (form- 
erly called  Preston  street)  and  Ferry  street; 
thence  easterly  along  the  center  line  of  Ferry 
street  to  the  intersection  of  the  center  lines  of 
Ferry  street  and  Main  street ;  thence  northeasterly 
along  the  center  line  of  Main  street  to  the  inter- 
section of  the  center  lines  of  Main  street  and 
Scajaquada  creek,  the  place  of  beginning. 

TWENTY-FOURTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Ferry  street  and  Richmond  avenue;  thence 
southerly  along  the  center  line  of  Richmond  ave- 
nue to  the  intersection  of  the  center  lines  of 
Richmond  avenue  and  York  street;  thence 
southwesterly  along  the  center  line  of  York 
street  and  Porter  avenue  to  a  point  in 
the  westerly  boundary  of  the  state  of  New 
York  on  the  center  line  of  Porter  avenue 
extended;  thence  northerly  along  the  westerly 
boundary  of  the  state  of  New  York  to  a  point  on 
the  center  line  of  Albany  street  extended ;  thence 
easterly  on  the  center  line  of  Albany  street  ex- 
tended and  the  center  line  of  Albany  street  to  the 


Title  I.]  Commission  Charter  105 

intersection  of  the  center  lines  of  Albany  street 
and  Hampshire  street ;  thence  northeasterly  along 
the  center  line  of  Hampshire  street  to  the  inter- 
section of  the  center  lines  of  Hampshire  street  and 
Ferry  street ;  thence  easterly  along  the  center  line 
of  Ferry  street  to  the  intersection  of  the  center 
lines  of  Ferry  street  and  Richmond  avenue,  the 
place  of  beginning. 

TWENTY-FIFTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  Ferry  street ;  thence  southerly 
along  the  center  line  of  Main  street  to  the  inter- 
section of  the  center  lines  of  Main  street  and  Tup- 
per  street;  thence  westerly  and  northwesterly 
along  the  centei?  lines  of  Tupper  street  and 
Twelfth  street  to  the  intersection  of  the  center  line 
of  Maryland  street;  thence  northeasterly  along 
the  center  line  of  Maryland  street  to  its  intersec- 
tion with  the  center  line  of  Cottage  street;  thence 
northwesterly  along  the  center  line  of  Cottage 
street  to  its  intersection  with  the  center  line  of 
Hudson  street;  thence  northeasterly  along  th»^ 
center  line  of  Hudson  street  to  its  inter- 
section with  the  center  line  of  Plymouth 
avenue;  thence  northwesterly  along  the  cen- 
ter line  of  Plymouth  avenue  to  the  inter- 
section of  the  center  lines  of  Plymouth  ave- 
nue and  York  street;  thence  northeasterly  along 
the  center  line  of  York  street  to  the  intersection 
of  the  center  lines  of  York  street  and  Richmond 
avenue;  thence  northerly  along  the  center  line  of 
Richmond  avenue  to  the  intersection  of  the  center 
lines  of  Richmond  avenue  and  Ferry  street; 
thence  easterly  along  the  center  line  of  Ferry 
street  to  the  intersection  of  the  center  lines  of 


106  Commission  Charter  [Title  I. 

Main  street  and  Ferry  street,  the  place  of  begin- 
ning. 

TWENTY-SIXTH   WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Tupper  street  and  Carolina  street;  thence 
southwesterly  along  the  center  line  of  Carolina 
street  to  a  point  in  the  westerly  boundary  of  the 
state  of  New  York  on  the  center  line  of  Carolina 
street  extended;  thence  northwesterly  along  the 
the  westerly  boundary  of  the  state  of  New  York 
to  a  point  on  the  center  line  of  Porter  avenue  ex- 
tended ;  thence  northeasterly  on  the  center  line  of 
Porter  avenue  extended  and  the  center  lines  of 
Porter  avenue  and  York  street  to  the  intersection 
of  the  center  lines  of  York  street  and  Plymouth 
avenue;  thence  easterly  along  the  center  line  of 
Plymouth  avenue  to  its  intersection  with  the  cen- 
ter line  of  Hudson  street;  thence  southwesterly 
along  the  center  line  of  Hudson  street  to  its  inter- 
section mth  the  center  line  of  Cottage  street; 
thence  southeasterly  along  the  center  line  of  Cot- 
tage street  to  its  intersection  with  the  center  line 
of  Maryland  street;  thence  southwesterly  along 
the  center  line  of  Maryland  street  to  its  intersec- 
tion with  the  center  line  of  Twelfth  street ;  thence 
southeasterly  along  the  center  line  of  Twelftli 
street  and  Tupper  street  to  the  intersection  of  the 
center  lines  of  Carolina  street  and  Tupper  street, 
the  place  of  beginning. 

TWENTY-SEVENTH    WARD. 

Beginning  at  the  intersection  of  the  center  lines 
of  Main  street  and  Tupper  street;  thence  south- 
erly along  the  center  line  of  Main  street  to  the 
center  line  of  Buffalo  river ;  thence  along  the  cen- 


Title  I.]  Commission  Charter  107 

ter  line  of  Buffalo  river  to  Lake  Erie  to  a  point  in 
the  westerly  boundary  of  the  state  of  New  York 
opposite  the  mouth  of  Buffalo  river ;  thence  north- 
westerly along  the  westerly  boundary  of  the  state 
of  New  York  to  a  point  on  the  center  line  of  Caro- 
lina street  extended;  thence  northeasterly  on  the 
center  line  of  Carolina  street  extended  and  the 
center  line  of  Carolina  street  to  the  inter- 
section of  the  center  lines  of  Carolina 
street  and  Tupper  street;  thence  easterly 
along  the  center  line  of  Tupper  street  to 
the  intersection  of  the  center  lines  of  Tupper 
street  and  Main  street,  the  place  of  beginning. 

<^  4.  The  copies  of  the  records  of  certain  streets, 
roads  and  highways  of  the  city,  which  were  form- 
erly in  the  town  of  Buffalo,  and  which  have  been 
entered  in  a  book  of  record  of  said  city,  and  veri- 
fied by  the  oath  of  Henry  Love  joy,  surveyor,  shall 
have  the  same  force  in  evidence  as  the  original. 
A  certified  copy  of  any  record  of  any  street  or 
alley  shall  be  presumptive  evidence  of  the  exist- 
ence of  the  street  or  alley. 

§  5.  The  citizens  of  this  state,  who  may  from 
time  to  time  reside  in  said  city,  shall  continue  to 
be  a  municipal  corporation  in  perpetuity  under  the 
name  of  the  **The  City  of  Buffalo,"  and  all  prop- 
erty, rights  and  interests  of  whatsoever  character 
possessed  by  it  shall  continue  to  be  possessed, 
unaffected  by  the  passage  of  this  act.  The  cor- 
poration may  take,  purchase,  hold  and  convey  real 
and  personal  property.  It  may  take  by  gift,  grant, 
bequest  and  devise,  and  hold  real  and  personal 
estate  in  trust  for  any  purpose  of  education,  art, 
health,  charity  or  amusement,  for  parks,  gardens, 
and  grounds  for  the  burial  of  the  dead,  or  other 


108  Commission  Charter  [Title  I. 

public  use,  and  for  the  erection  of  statues,  monu- 
ments and  public  buildings,  upon  such  terms  as 
may  be  provided  by  the  grantor  or  donor  and  ac- 
cepted by  the  corporation ;  and  it  may  provide  for 
the  proper  execution  of  such  trusts.  The  corpor- 
ation shall  have  the  exclusive  power  to  establish 
ferries  and  tunnels  within  the  city,  and  may  li- 
cense and  regulate  or  prohibit  those  now  estab- 
lished therein.  Except  as  otherwise  provided  by 
law  the  city  shall  have  full  and  exclusive  control 
over  its  streets  and  highways,  parks,  public  waters 
and  other  public  places.  It  shall  have  power  to 
lay  out,  enlarge  and  alter  parks,  markets,  public 
grounds,  public  waters,  construct  pavements,  side- 
walks, culverts,  drains,  sewers,  aqueducts, 
wharves,  canals,  slips,  basins,  water  mains,  gas 
mains  and  conduits ;  it  may  construct  and  operate 
waterworks  and  asphalt,  lighting,  heating  and 
power  plants  for  the  city;  it  shall  maintain  fire, 
police,  poor  and  school  departments,  and  it  may 
establish  a  system  of  pensions  in  such  police,  fire 
and  school  departments,  and  regulate  existing 
systems  therefor.  It  may  acquire  land  by  pur- 
chase, gift  or  eminent  domain,  for  any  municipal 
purpose,  and  erect  buildings  and  other  structures, 
including  one  or  more  buildings  to  be  used  for 
public  assembly,  and  do  any  thing  necessary  to 
beautify  the  city  or  preserve  or  add  to  the  safety, 
intelligence,  comfort  and  well-being  of  the  city 
and  its  inhabitants.  It  may  do  everything  neces- 
sary to  carry  into  effect  the  powers  granted  to  it 
and  the  duties  imposed  upon  it,  except  as  may  be 
otherwise  provided  by  law. 


Title  II.]  Commission  Charter  109 

TITLE  II. 

The  Legislative  Depabtment. 

ARTICLE  I.  , 

The  Counchj. 

<§  10.  The  legislative  power  of  the  city  shall  be 
vested  in  a  board  to  be  known  and  styled  as  '  *  The 
Council  of  the  City  of  Buffalo."  The  council 
shall  consist  of  the  mayor  and  four  councilmen, 
who  shall  be  chosen  as  provided  in  this  act,  and 
whose  terms  of  office  shall  be  four  years,  save  that 
of  the  four  councilmen  first  elected  hereunder,  the 
one  receiving  the  least  number  of  votes  shall  con- 
tinue in  office  for  two  years,  and  the  other  three 
shall  continue  in  office  for  four  years.  Each  mem- 
ber of  the  council  shall  have  the  right  to  vote  on 
all  questions  coming  before  it.  Three  members 
of  the  council  shall  constitute  a  quorum,  and  the 
affirmative  vote  of  three  members  shall  be  neces- 
sary to  adopt  any  motion,  resolution  or  ordinance, 
or  to  pass  any  measure,  unless  a  greater  number 
is  required  by  the  provisions  of  this  act.  The 
council  herein  provided  for  shall  be  considered 
for  all  purposes  the  common  council  of  the  city. 
The  salary  of  the  mayor  shall  be  eight  thousand 
dollars  per  year,  and  the  salary  of  each  of  the 
councilmen  shall  be  seven  thousand  dollars  per 
year. 

'§11.  Meetings  of  the  council  shall  be  public; 
stated  meetings  thereof  shall  be  held  at  such  times 
as  the  council  shall  prescribe  by  ordinance.  Upon 
every  vote  of  the  council  the  ayes  and  nays  shall 
be  called  and  recorded,  and  every  motion,  resolu- 
tion or  ordinance  shall  be  reduced  to  writing  and 


110  Commission  Charter  [Title  II. 

read  before  the  vote  thereon  is  taken.  The  mayor 
shall  preside  at  all  meetings;  he  shall  have  no 
power  of  veto.  In  the  absence  of  the  mayor  the 
council  may  choose  a  temporary  chairman.  Every 
resolution  or  ordinance  passed  by  the  council  must 
be  signed  by  the  mayor,  or  by  two  councilmen,  and 
must  be  properly  recorded  before  the  same  shall 
be  in  force.  The  council  shall  keep  a  journal  of  its 
proceedings,  and  shall  either  publish  the  same 
in  the  official  paper,  or  shall  provide  by  ordinance 
for  their  publication  as  provided  in  section  twenty- 
six  hereof. 

<§.  12.  Special  meetings  of  the  council  may  be 
held  upon  call  of  the  mayor  and  also  as  may  be 
provided  by  rule.  Notice  of  all  special  meetings 
shall  be  given  by  delivering  personally  to  each 
member,  or  leaving  at  his  residence,  at  least  six 
hours  before  such  meeting,  a  written  notice  there- 
of, signed  by  the  person  or  persons  calling  the 
same.  Such  notice  shall  specify  the  object  of  such 
meeting,  and  no  other  business  shall  be  transacted 
except  upon  unanimous  consent  of  all  the  members 
of  the  council. 

§  13.  The  council  shall,  in  addition  to  the  au- 
thority conferred  under  general  laws,  from  time 
to  time  enact  ordinances : 

(1)  To  define  and  prevent  disorderly  conduct; 
to  prevent  all  disorderly  assemblages,  all  disturb- 
ing noise,  all  drunkenness  in  public  places ;  and  to 
punish  vagrants,  beggars  and  disorderly  persons 
as  defined  by  law. 

(2)  To  preserve  and  protect  the  harbors,  can- 
als, basins  and  other  waters  of  the  city ;  to  prevent 
all  encroachments,  obstruction,  and  deposits   in 


Title  II.]  Commission  Charter  111 

them;  to  prohibit  or  regulate  bathing  or  swim- 
ming in  any  waters  in  the  city;  to  prevent  any 
steam  vessel,  while  navigating  waters,  within  the 
city,  from  emitting  dense  smoke,  soot  or  dust  with- 
in the  city  limits;  to  regulate  and  prescribe  the 
mode  and  speed  of  vessels,  boats  and  floats  in 
entering  and  leaving  them,  and  in  coming  to,  lying 
at  or  departing  from  the  wharves  and  piers,  and 
the  disposition  of  the  sails,  yards,  anchors  and 
appurtenances ;  and  to  empower  such  officer  as  it 
may  designate  to  prescribe  and  regulate  the  loca- 
tion therein  of  all  vessels,  boats  or  floats,  and  to 
compel  them  to  change  their  location. 

(3)  To  prescribe  general  regulations  for  the 
erection  of  all  buildings  in  the  city;  to  define  the 
limits  within  which  wooden  buildings  shall  not  be 
erected,  placed  or  rebuilt,  and  the  manner  in,  and 
materials  of  which  all  buildings  shall  be  construct- 
ed within  such  limits,  also  to  define  outer  limits 
in  which  wooden  buildings  may  be  constructed, 
placed  or  rebuilt,  under  such  regulations  as  may 
be  imposed  by  ordinance,  special  permission  from 
the  council  being  required  therefor;  every  build- 
ing erected  or  placed  contrary  to  any  ordinance 
passed  under  the  above  provisions  shall  be  deemed 
a  common  nuisance,  and  may  be  abated  as  such. 
A  resolution  granting  special  permission  to  erect, 
place  or  rebuild  any  building  within  the  outer  lim- 
its contrary  to  such  ordinances  can  only  be  passed 
at  a  regular  meeting,  and  by  the  unanimous  vote 
of  the  members  of  the  council  present.  To  pre- 
vent all  unsafe  construction  or  condition  of  chim- 
neys, flues,  stoves,  pipes  and  other  things  used  for 
fire  or  conducting  smoke;  to  compel  the  cleanini? 
of  them,  and  to  regulate  their  construction  and 
<;ondition;  to  prevent  the  deposit  of  ashes  in  ur- 


112  Commission  Charter  [Title  II. 

safe  places  and  receptacles ;  to  regulate  the  use  of 
lights  in  buildings  in  which  combustible  articles 
may  be  deposited ;  to  regulate  the  carrying  on  of 
manufactories  liable  to  cause  fires,  and  to  regulate 
find  prevent  the  use  of  fireworks  and  firearms  xn 
the  city;  to  prevent  bonfires  in  the  streets  and 
public  grounds;  to  compel  the  owners  and  occu- 
pants of  buildings  to  have  scuttles  in  the  roofs, 
and  stairs  and  ladders  leading  to  the  same,  and  to 
require  fire-escapes  to  be  placed  upon  buildings 
when,  and  as  directed  by  the  superintendent  of  the 
department  of  public  safety ;  to  punish  the  willful 
making  of  a  false  alarm  of  fire,  or  willfully  calling 
a  police  patrol  wagon  without  cause ;  and  to  pro- 
hibit the  formation  of  fire,  hose  or  hook  and  ladder 
companies. 

(4)  To  license  and  regulate  cartmen,  porters, 
owners  and  drivers  of  all  vehicles  used  for  the 
transportation  of  passengers  or  property  for  hire, 
and  persons  or  corporations  offering  or  supplying 
messenger  service,  and  to  fix  the  rates  of  compen- 
sation to  be  taken  by  them ;  to  license  and  regulate 
plumbers,  auctioneers,  butchers,  hawkers,  ped- 
dlers,junkdealers, dance  halls, dancingschools  and 
other  entertainments  of  like  character,  pawnbrok- 
ers, and  the  business  of  pawnbrokerage,  and  to  fix 
the  rates  to  be  charged  by  pawnbrokers  in  their 
business ;  to  regulate  the  running  at  large  of  dogs, 
and  to  license  the  same;  to  prohibit,  license  or 
regulate publicbilliard  rooms,  bowling  alleys,  run- 
ners or  solicitors  for  houses  of  entertainment,  rail- 
roads, vessels  and  vehicles,  and  the  exhibition  of 
shows  of  every  kind,  and  of  theatrical  representa- 
tions, and  to  prescribe  the  terms  and  conditions 
on  which  licenses  shall  be  granted ;  to  impose  and 
levy  a  tax  upon  the  owner  or  owners  of  hackney 


BUREAU  OF  GOVERNMENTAL  RESEARCH 
LIBRARY 
44  LIBRARY  BUiLOiNG 
Title  1 1. ]  Commission  Charter  113 

carriages,  sleighs,  cabs,  coupes,  private  carriages, 
barouches,  buggies,  wagons,  omnibuses,  carts, 
drays,  baggage  wagons,  bicycles,  tricycles,  and 
similar  vehicles,  or  any  other  vehicle  other  than 
motor  vehicles,  for  the  privilege  of  operating, 
driving  or  propelling  the  same  along  or  upon  the 
public  streets,  avenues,  highways  and  other  public 
places  in  the  city  of  Buffalo ;  to  fix  the  amount  of 
such  tax,  and  to  prohibit  the  use  of  the  public 
streets,  highways,  avenues  or  other  public  places 
of  the  city  by  the  owner  or  owners  or  driver  or 
drivers  of  any  such  vehicle  in  the  event  of  any  tax 
so  imposed  not  being  paid,  and  to  fix  and  provide 
such  penalty  or  penalties  as  it  shall  deem  proper 
for  a  violation  of  any  such  ordinance. 

(5)  To  prohibit  or  regulate  the  use  of  locomo- 
tive engines,  and  of  steam,  and  to  regulate  other 
motive  power  and  speed  on  any  portion  of  any 
railroad  within  the  city;  to  require  any  railroad 
company  to  keep  a  flagman  or  gates  at  each  rail- 
road crossing  of  a  public  street,  to  provide  for  the 
inspection  of  steam  engines  and  boilers  used  in 
the  city,  and  to  prohibit  the  use  of  unsafe  ones, 
and  to  prohibit  any  person  who  has  not  been  duly 
licensed  under  such  regulations  as  the  council  may 
prescribe,  from  running  any  steam  engine,  station- 
ary or  otherwise,  in  the  city,  except  the  engineers 
of  duly  incorporated  steam  railroads  (while  en- 
gaged in  operating  or  running  the  locomotive  en- 
gines of  said  railroads)  and  engineers  duly  licen- 
sed by  the  authorities  of  the  United  States  (whilo 
engaged  in  operating  or  running  engines  upon  the 
waters  under  the  jurisdiction  of  the  United  States 
or  of  the  state  of  New  York) ;  to  classify  such 
engineers  and  to  provide  for  the  appointment  by 
the  mayor  of  such  inspector,  examiners  and  em- 


114  Commission  Charter  [Title  II. 

ployees  as  may  be  required  to  carry  out  such  or- 
dinance; to  prohibit  or  regulate  the  keeping  and 
conveying  of  gunpowder  and  other  explosive  sub- 
stances, and  other  dangerous  fluid  or  material,  and 
to  provide  for  the  inspection,  forfeiture  and  de- 
struction of  the  same,  to  require  that  the  telegraph, 
telephone  pr  electric  light  wires  or  cables,  or  other 
appliances  for  conducting  electricity,  and  the  pole.^ 
thereof  heretofore  erected  in  any  street,  alley  or 
public  ground,  be  removed  from  overhead  in  the 
street,  alley  or  public  ground,  or  any  part  thereof, 
within  reasonable  time,  not  less  than  six  months 
after  the  enactment  of  such  ordinance ;  and  a  com- 
pliance with  such  ordinance  in  respect  to  the  re- 
moval of  poles,  cables,  wires  and  other  appliances 
for  conducting  electricity  from  the  streets,  alleys, 
and  public  grounds,  may  be  enforced  by  manda- 
mus by  any  court  of  competent  jurisdiction  upon 
the  application  of  the  city  as  relator.  Any  com- 
pany, corporation  or  individual  may  place  its 
wires  and  electrical  conductors  in  conduits  under 
the  surface  of  the  streets,  alleys  or  public  grounds 
in  such  manner  as  not  to  interfere  unnecessarily 
with  the  use  of  such  streets,  or  alleys  or  public 
grounds  for  local  improvements  of  any  character, 
or  with  the  sewers,  or  water  or  gas  mains,  or 
branches  thereof,  subject,  however,  to  such  regu- 
lations and  restrictions  as  the  council  may  by  ordi- 
nance make  or  impose  in  respect  thereto  for  the 
benefit  of  the  public,  the  city  or  its  citizens;  pro- 
vided, however,  that  nothing  herein  contained 
shall  be  construed  as  authorizing  the  council  to 
require  any  particular  patent  or  appliance  to  be 
used  in  the  construction  of  the  conduits  herein- 
before provided  for.  And  any  company,  corpor- 
ation or  individual  so  placing  its  wires  under 


Title  II.]  Commission  Charter  115 

ground  in  any  street,  alley  or  public  grounds  of 
said  city,  shall,  upon  notice  from  the  city  or  any 
of  its  departments,  that  a  local  improvement  or 
sewer  or  water  main,  or  branch  thereof,  is  to  be 
constructed  in  such  a  manner  as  will  necessitate 
the  moving  or  altering  of  the  conduit  or  conduits 
of  said  individual,  company  or  corporation,  shall 
move  or  alter  the  same  at  its  own  expense,  so  as 
to  permit  the  construction  of  the  improvement 
where  ordered,  and  should  any  person,  company 
or  corporation  omit  to  comply  with  such  notice, 
the  conduit  or  conduits  may  be  altered  or  moved 
by  the  city  and  the  cost  and  expense  thereof  re- 
covered from  such  individual,  company  or  cor- 
poration. To  regulate  the  erection  of  telegraph, 
electric  light  or  telephone  wires,  poles  or  cables, 
and  other  electrical  conductors,  and  to  require 
that  such  wires,  cables  or  other  electrical  conduct- 
ors be  placed  under  ground,  subject  to  such  re- 
strictions and  regulations  as  it  may  make  by  gen- 
eral ordinance.  But  nothing  in  this  section  con- 
tained shall  affect  any  grant  or  consent  hereto- 
fore or  hereafter  made  or  given  pursuant  to  gen- 
eral laws,  as  to  any  matter  provided  for  in  and 
by  such  grant  or  consent. 

(6)  To  prevent  and  abate  nuisances;  to  pro- 
hibit or  regulate  the  blowing  of  steam  whistles, 
and  the  ringing  of  bells;  to  regulate  or  prohibit 
public  pumps,  wells,  hydrants  and  reservoirs,  and 
the  use  of  them;  to  prevent  the  waste  of  water; 
to  require  the  use  of  water  meters;  to  establish 
and  maintain  public  baths;  to  establish  and  regu- 
late public  markets;  to  locate,  regulate  and  re- 
move slaughterhouses,  butchers'  stalls,  fisli 
stands,  livery  stables,  tanneries,  and  unwhole- 
some or  noisome  buildings  or  places,  and  to  com- 


116  Commission  Charter  [Title  II. 

pel  the  cleaning  of  the  same  whenever  necessary; 
to  regulate  the  construction  of  private  and  pub- 
lic sewers,  sinks  and  privies,  and  the  sale  of 
meats,  fish  and  vegetables ;  to  prevent  the  sale  for 
domestic  use  of  unwholesome  articles  of  food,  ami 
of  ice  frozen  from  dirty  or  impure  water ;  and  to 
provide  for  the  removal  or  destruction  thereof 
whenever  necessary;  to  prevent  the  adulteration 
of  any  article  used  for  food  or  drink,  and  provide 
for  inspection  thereof;  to  locate  and  regulate 
dead-houses;  to  prescribe  limits  within  which 
there  shall  be  no  burials  or  incinerations  of  the 
dead;  to  purchase  and  maintain  burial  grounds; 
to  regulate  burials,  incinerations,  and  funerals; 
to  compel  the  keeping  and  return  of  bills  of  mor- 
tality, births  and  marriages. 

(7)  To  prevent  the  encroachment  upon,  pro- 
jections over,  injury  to,  or  the  incumbering  of 
streets,  alleys,  wharves  and  public  grounds;  to 
light,  to  clean,  and  to  water  them;  to  regulate 
the  use  of  them,  and  to  declare  in  what  manner, 
and  for  what  purpose  they  shall  not  be  used;  to 
prohibit  the  running  at  large  of  horses,  cattle, 
swine,  sheep,  goats,  and  geese,  or  the  pasturing 
of  them  on  the  streets,  or  public  grounds,  and  to 
authorize  the  distraining,  impounding,  and  sale 
of  them  for  the  penalty  and  cost  of  proceedings ; 
to  direct  and  to  regulate  the  planting,  care  and 
protection  of  trees  in  the  public  places  and  streets 
and  to  spray  trees  on  land  contiguous  thereto  and 
to  protect  them  from  injury;  to  compel  the  own- 
ers of  lands  to  destroy  noxious  weeds  growing 
thereon;  to  compel  the  owner  of  vacant  lands  to 
fence  or  inclose  them ;  to  compel  and  regulate  the 
numbering  of  buildings,  and  the  naming  of  streets 
and  alleys;  to  prevent  and  punish  fraud  in  sales 


Title  II.]  Commission  Ch.uiter  117 

by  weight  and  measure ;  to  enact  such  ordinances 
as  it  may  deem  necessary  for  the  use,  regulation, 
protection  and  government  of  the  parks  and  park 
approaches. 

(8)  To  require  bonds  or  undertakings  to  be 
given  by  the  officers  of  the  city  and  their  deputies, 
and  to  fix  the  amount  thereof. 

(9)  For  the  protection  of  the  public  health, 
for  securing  the  proper  registration  of  births, 
marriages,  deaths  and  such  other  statistical  in- 
formation as  may  be  necessary  for  the  efficient 
working  of  the  department  of  public  safety. 
Whenever  the  health  commissioner  shall  declare 
that  rabies  is  prevalent  in  the  city  or  in  the  vicin- 
ity thereof,  to  prescribe  the  conditions  under 
which  dogs  may  be  kept,  brought  or  allowed  to 
be  within  the  city,  and  providing  for  the  destruc- 
tion of  dogs  suffering  from  rabies  and  to  pre- 
vent the  spread  of  the  disease;  and  in  addition  to 
the  other  penalties  prescribed  for  the  violation 
thereof  such  ordinances  may  further  provide  that 
any  dog  kept,  brought  or  being  within  the  city 
contrary  to  the  provisions  thereof,  shall  be  a  pub- 
lic nuisance  and  a  menace  to  the  public  health 
and  may  be  destroyed  or  otherwise  disposed  of 
as  prescribed  in  such  ordinances.  , 

(10)  To  prescribe  the  duties  of  all  officers  or 
persons  elected  or  appointed  under  this  act,  not 
herein  prescribed,  to  prescribe  methods  of  audit- 
ing and  paying  any  and  every  indebtedness  of  the 
city  and  any  and  every  claim  against  the  city;  to 
prescribe  the  manner  in  which  and  the  purposes 
for  which  the  moneys  annually  appropriated  may 
be  used;  to  prescribe  the  methods  by  which  the 
city  may  incur  indebtedness;    to    prescribe    the 


118  Commission  Charter  [Title  II, 

methods  by  which  each  and  every  official  or  per- 
son in  the  employ  of  the  city  shall  keep  or  assist 
in  keeping  account  of  the  receipts  and  disburse- 
ments of  moneys  belonging  to  the  city,  and  of 
work  done  for  or  supplies  or  materials  furnished 
to  the  city;  any  provision  of  this  act  to  the  con- 
trary notwithstanding. 

(11)  And  such  other  and  further  ordinances 
not  inconsistent  with  the  laws  of  the  state,  as 
shall  be  deemed  expedient  for  the  good  govern- 
ment of  the  city,  the  protection  of  its  property, 
the  preservation  of  peace  and  good  order,  the 
suppression  of  vice,  the  benefit  of  trade  and  com- 
merce, the  preservation  of  health,  the  prevention 
and  extinguishment  of  fires,  the  exercise  of  its 
corporate  powers,  and  the  performance  of  its 
corporate  duties. 

The  ordinances  of  the  city  in  force  at  the  time 
this  act  takes  effect,  and  which  are  not  inconsist- 
ent herewith,  including  such  ordinances  as  have 
been  enacted  by  the  park  commissioners,  are 
hereby  continued  in  force  and  effect  as  though 
duly  passed  by  the  council,  until  such  time  as 
they  may  be  by  the  said  council  altered,  amended 
or  repealed;  whenever  the  words  "common  coun- 
cil"  or  "  council ' '  are  used  in  any  such  ordinances 
the  same  shall  be  construed  to  mean  the  council 
created  by  this  act.  The  council  shall  adopt  or- 
dinances regulating  the  methods  of  conducting 
all  of  the  city  departments  provided  for  in  this 
act. 

<§>  14.  All  ordinances  hereafter  enacted  shall  be 
published  in  the  official  paper  daily  for  one  week. 
An  ordinance  imposing  a  penalty  or  fine  shall  not 
take  effect  until  ten  days  after  its  first  publica- 
tion in  the  official  paper. 


Title  II.]  Commission  Charter  119 

§  15.  (1)  A  fine  or  penalty  for  violating  any 
ordinance  enacted  under  the  authority  conferred 
by  this  act  may  be  prescribed  in  the  ordinance 
not  exceeding  two  hundred  and  fifty  dollars.  The 
ordinance  may  prescribe  that  the  fine  or  penalty 
for  its  violation  shall  not  be  less  nor  more  than 
a  certain  sum,  in  which  case  the  amount  of  pen- 
alty or  fine  shall  within  said  bounds  be  fixed  by 
the  court  or  officer  before  whom  the  matter  shall 
be  tried.  A  civil  action  may  be  maintained  to 
recover  a  fine  or  penalty  imposed  by  any  ordi- 
nance enacted  under  the  authority  conferred  by 
this  act. 

(2)  An  ordinance  passed  to  prevent  disord- 
erly conduct  or  assemblages,  disturbing  noise, 
and  drunkenness  in  public  places,  and  to  punish 
vagrants,  beggars,  and  disorderly  persons  as  de- 
fined by  law,  may  provide  that  any  person,  upon 
conviction  of  a  violation  thereof,  shall  be  fined 
or  committed  to  the  Erie  county  penitentiary  for 
such  time  as  the  court  or  officer  before  whom  such 
person  was  convicted  shall  fix,  not  exceeding  six 
months ;  in  case  the  person  convicted  of  such  vio- 
lation is  fined  and  does  not  immediately  pay  such 
fine  or  penalty  he  may  be  committed  to  the  Erie 
county  penitentiary  for  the  term  of  one  day  for 
each  and  every  dollar  of  said  fine  or  penalty  not 
paid.  Such  ordinance  may  authorize  the  arrest, 
by  any  person,  without  process,  of  anyone  violat- 
ing or  attempting  to  violate  such  ordinance,  in  the 
presence  of  such  person. 

(3)  Actions  to  recover  fines  or  penalties  in- 
curred under  this  title  or  the  ordinances  enacted 
pursuant  to  it  shall  be  brought  in  the  name  of  the 
city.  In  the  complaint  in  such  action  it  shall  bo 
sufficient  to  allege,  generally,  that  the  defendant 


120  Commission  Charter  [Title II. 

has  violated  the  provisions  of  said  title  or  ordi- 
nance, setting  forth  the  facts  constituting  the  al- 
leged violation  and  the  amount  for  which  judgment 
is  demanded.  The  defendant  may  deny  that  he  is 
guilty  and  give  in  evidence  any  special  matter 
under  such  denial.  If  the  action  be  brought  in 
the  city  court  of  Buffalo,  the  first  process  may  be 
a  warrant  or  a  summons.  If  a  summons,  it  may 
be  returnable  in  not  less  than  one  or  more  than 
six  days,  and  shall  be  served  at  least  one  day  be- 
fore the  time  of  appearance  mentioned  therein. 

(4)  Execution  upon  a  judgment  for  a  fine  or 
penalty  may  be  issued  immediately,  and  shall 
command  the  officer  to  whom  it  shall  be  directed 
and  delivered,  if  the  judgment  and  his  fees  shall 
not  be  immediately  paid,  to  take  the  body  of  the 
defendant  and  deliver  him  or  her,  with  a  copy  of 
the  execution,  to  the  keeper  of  the  Erie  county 
penitentiary;  and  said  keeper  shall  confine  such 
defendant  in  said  penitentiary  for  the  term  of 
one  day  for  each  and  every  dollar  unpaid  upon 
said  judgment,  not  exceeding  six  months;  except 
that  in  cases  where  a  judgment  for  a  fine  or  pen- 
alty is  recovered  against  a  corporation  an  execu- 
tion against  the  property  of  such  corporation  may 
be  issued  for  the  collection  of  the  amount  of  such 
judgment  and  costs. 

(5)  When  an  ordinance  provides  that  a  per- 
son convicted  of  a  breach  of  it  may  be  sentenced 
to  confinement  in  the  penitentiary,  the  person 
charged  with  a  violation  of  such  ordinance  shall 
be  proceeded  against  in  the  way  provided  by  law 
for  proceeding  against  persons  charged  with  the 
commission  of  a  criminal  offense. 


Title  II.]  Commission  Charter  121 

§  16.  Whenever  the  owner  or  occupant  of  any 
lands  shall  omit  to  do  any  act  required  by  ordi- 
nance to  be  done  by  him  in  front  of  or  upon  such 
lands,  the  city  may  cause  such  act  to  be  done,  and, 
in  addition  to  the  fine,  may  recover  by  action,  of 
such  owner  or  occupant,  the  cost  of  doing  the  act, 
or  may  assess  the  same  upon  such  lands. 

§  17.  The  council  may,  by  a  vote  of  four-fifths 
of  its  members,  authorize  the  mayor  to  offer  a 
reward  for  the  apprehension  of  the  perpetrator 
of  crime  committed  within  the  city,  or  an  offender 
against  an  ordinance,  to  be  paid  upon  the  convic- 
tion of  such  person. 

§  18.  No  liability  for  the  breach  of  any  bond  or 
undertaking  required  by  this  act  shall  be  released. 
Other  liabilities  to  the  city  may  be  released  by  a 
resolution  of  the  council  passed  by  a  unanimous 
vote ;  fines  and  penalties  incurred  under  this  title 
or  under  any  ordinance  may  be  released  or  remit- 
ted by  a  resolution  of  the  council  passed  by  a 
vote  of  four-fifths  of  its  members. 

§  19.  Whenever  any  building,  fence  or  other 
structure  of  any  kind,  or  any  part  thereof,  is 
liable  to  fall  down,  and  injure  persons  or  prop- 
erty, the  council  may  order  the  owner  of  the  build- 
ing, fence  or  structure,  or  the  owner  or  occupant 
of  the  premises  on  which  said  building,  fence  or 
other  structure  stands,  to  take  the  same  down, 
or  any  part  thereof,  within  such  time  as  it  may 
direct.  In  case  the  order  be  not  complied  with  it 
may  cause  the  removal  to  be  made,  and  the  ex- 
pense to  be  assessed  on  the  land  on  which  the 
structure  stood. 


122  Commission  Charter  [Title II. 

§  20.  The  council,  or  the  mayor,  shall  have  tho 
power  to  issue  subpcsnas  for  witnesses  to  appear, 
or  to  produce  books  and  papers  before  it  or  him, 
to  administer  oaths  to  witnesses,  and  to  examine 
them,  and  such  books  and  papers.  If  any  person 
duly  subpoenaed  as  a  witness  should  not  appear, 
or,  appearing,  shall  refuse  to  testify,  or  to  pro- 
duce any  such  books  and  papers,  the  council,  or 
the  mayor,  may  report  the  failure  of  the  witness 
to  appear,  or  his  refusal  to  testify,  or  to  produce 
such  books  and  papers,  to  any  court  of  record  or 
judge  thereof,  and  said  court  or  judge  may  make 
such  order  as  shall  be  proper  as  to  the  future  ap- 
pearance of  the  witness,  for  the  purpose  of  giv- 
ing testimony  and  for  the  production  of  any  such 
books  and  papers,  and  may  after  due  notice  and 
opportunity  to  be  heard,  punish  him  for  any  fail- 
ure to  comply  therewith  as  a  contempt  of  court. 
Like  power  and  authority  to  issue  subpoenas  and 
to  require  the  giving  of  testimony,  and  the  pro- 
duction of  books  and  papers,  are  hereby  confer- 
red upon  each  of  the  councilmen  with  reference  to 
such  matters  as  shall  affect  the  department  of 
which  he  is  superintendent  and  with  like  punish- 
ment in  case  of  refusal.  Any  willful  and  cor- 
rupt false  swearing  as  to  any  material  fact  upon 
any  such  examination  shall  be  deemed  perjury, 
and  punished  as  provided  by  law  for  such  offense. 
The  evidence  given  by  persons  so  examined  shall 
not  be  used  against  them  in  any  criminal  pro- 
ceeding. 


§  21.  The  council  shall  appoint  and  may  at 
pleasure  remove  a  city  clerk,  who  shall  have  such 
powers  and  shall  perform  such  duties  as  the  coun- 
cil may  from  time  to  time  prescribe  in  addition  to 
such  powers  and  duties  as  may  be  especially  pro- 


Title  II.]  Commission  Charter  123 

vided  by  law.    The  same  person  may  be  also  the 
secretary  of  the  council. 

§  22.  The  city  clerk  shall  make  and  sign  a 
record,  in  a  book  to  be  provided  for  that  purpose, 
of  every  ordinance  enacted  by  the  council,  and  of 
the  time  of  its  first  publication;  and  such  record, 
or  a  copy  thereof  authenticated  by  the  mayor 
under  the  seal  of  the  city,  shall  be  presumptive 
evidence  of  the  due  passage  of  such  ordinance,  of 
the  due  publication  thereof,  and  of  the  time  of  its 
first  publication.  Printed  books  of  the  ordi- 
nances published  or  purporting  to  have  been  pub- 
lished by  the  order  of  the  council,  shall  be  pre- 
sumptive evidence  of  such  ordinances;  and  that 
they  have  been  regularly  enacted  and  published, 
as  required  by  this  act,  prior  to  the  printing  of 
them  in  such  book. 

"^  23.  If  a  vacancy  exist  or  occur  in  the  oflSce 
of  mayor  or  councilman,  the  remaining  members 
of  the  council  shall  elect  a  person  to  fill  such  va- 
cancy, until  the  next  general  election  at  which  i 
mayor  or  councilman  can  be  elected,  at  whicli 
time  the  vacancy  shall  be  filled  by  election  for  the 
unexpired  term. 

§  24.  Each  member  of  the  council,  before  en- 
tering upon  his  office,  shall  subscribe  and  take  the 
oath  of  office  prescribed  by  the  constitution,  and 
file  the  same,  together  with  the  bond  or  undertak- 
ing required  of  him,  with  the  city  clerk.  If  any 
such  member  shall  neglect  to  take  and  file  with 
such  clerk  his  oath  of  office,  or  such  bond  or  un- 
dertaking, before  or  within  fifteen  days  after  the 
commencement  of  his  term  of  office,  his  office  shall 
be  vacant. 


124  Commission  Charter  [Title  II, 

§  25.  The  city  clerk,  under  the  direction  of  the 
council,  prior  to  the  fifteenth  day  of  December  in 
each  year,  shall  give  notice  to  the  publishers  of 
the  daily  papers,  published  in  the  English  lan- 
guage in  the  city,  that  sealed  proposals  will  be  re- 
ceived by  the  council,  at  its  next  session  after  the 
giving  of  such  notice,  for  publishing  all  matters, 
required  by  law  or  the  ordinances  to  be  published 
in  the  oflBcial  paper,  and  the  printing  and  binding 
of  the  minutes  of  the  proceedings  of  the  council 
for  the  ensuing  year,  showing  the  number  of 
copies  and  the  style  of  printing  and  binding  re- 
quired. The  council  shall  award  the  contract  to 
the  lowest  responsible  bidder  and  the  paper  in 
which  publication  is  made  shall  be  the  official 
paper  of  the  city.  The  compensation  paid  for 
such  publication  shall  not  exceed  the  rates  allowed 
by  law  at  any  time  for  the  publication  of  legal 
notices.  When  any  publication  shall  be  com- 
menced in  the  official  paper,  the  publication  shall 
be  completed  by  it  with  the  like  effect  as  if  it  were 
the  official  paper. 

<§  26.  The  council  may,  at  any  time,  in  its  dis- 
cretion, provide  by  ordinance  for  the  publication 
of  a  City  Record,  at  such  periods  and  with  such 
provisions  for  its  distribution  as  may  be  in  such 
ordinance  provided.  The  journal  of  the  proceed- 
ings of  the  council,  and  the  quarter  yearly  report 
of  the  city's  financial  operations  required  to  be 
published  in  section  fifty-one  of  this  act,  may  be 
published  in  the  City  Record,  instead  of  the  official 
paper,  and  it  may  also  contain  such  reports  of  city 
departments  and  such  other  matters  as  may  bo 
provided  in  the  ordinance.  In  the  discretion  of 
the  council,  the  proposals  under  the  preceding 
section  may  be  required  to  be  submitted  in  separ- 


Title  II.]  CoMMissiox  Charter  125 

ate  form,  so  that  the  proposal  for  publication 
shall  be  separated  from  proposals  for  printing; 
and  the  council  may  also  receive  bids  from  print- 
ers for  such  printing,  and  bids  may  be  also  re- 
ceived for  all  other  city  printing  including  the 
publication  of  a  City  Record. 


ARTICLE  11. 

The  Refebendum. 

§  31.  No  ordinance  passed  by  the  council,  un- 
less otherwise  required  by  the  general  laws  of  the 
state  or  by  the  provisions  of  this  act,  or  an  ordi- 
nance immediately  necessary  for  the  preservation 
of  the  public  peace,  health  or  safety,  and  which 
contains  a  statement  of  its  immediate  necessity 
and  is  passed  by  a  four-fifths  vote  of  the  council, 
sliall  go  into  effect  until  thirty  days  from  the  time 
of  its  final  passage.  If  at  any  time  during  said 
thirty  days  a  petition,  signed  by  electors  of  the 
city  equal  in  number  to  at  least  five  per  centum 
of  the  entire  vote  cast  for  all  candidates  for 
mayor  at  the  last  preceding  election  at  which  a 
mayor  was  elected,  protesting  against  the  enact- 
ment of  such  ordinance,  and  requesting  its  repeal, 
be  presented  to  the  council,  or  to  the  mayor,  or  to 
the  city  clerk,  such  ordinance  shall  thereupon  be 
suspended  from  going  into  effect,  and  it  shall  bo 
the  duty  of  the  council  to  reconsider  such  ordi- 
nance. If  upon  reconsideration  thereof  said  or- 
dinance is  not  repealed,  the  council  shall  within 
twenty  days  after  the  presentation  of  such  peti- 
tion call  a  special  election,  unless  a  general  elec- 
tion is  to  be  held  within  ninety  days  thereafter, 
and  at  such  special  or  general  election  submit  the 


126  Commission  Charter  [Title  II. 

question  of  the  repeal  to  the  vote  of  the  electors 
of  the  city.  Such  ordinance  shall  not  go  into 
effect  or  become  operative  unless  a  majority  of 
the  qualified  electors  voting  on  the  same  at  such 
election  shall  vote  against  the  repeal  thereof. 
Each  of  the  signers  to  the  petition  provided  for 
in  this  section  shall  add  to  his  signature  his  place 
of  residence,  giving  the  street  and  number.  Such 
petition  may  be  in  the  form  of  separate  papers, 
but  each  separate  paper  to  which  signatures  are 
appended  shall  contain  at  the  top  thereof  the  orig- 
inal petition  or  a  duplicate  statement  thereof,  and 
when  bound  together  and  offered  for  filing,  such 
separate  papers  shall  be  deemed  to  constitute  one 
petition.  One  of  the  signers  of  the  petition  shall 
make  oath  before  an  officer  competent  to  adminis- 
ter oaths  that  such  statements  therein  made  are 
true  as  he  believes,  and  upon  each  separate  paper 
to  which  signatures  are  appended,  one  of  the  sign- 
ers of  the  petition  shall  make  oath  that  to  his 
knowledge  each  signature  to  such  paper  is  the 
genuine  signature  of  the  person  whose  name  it 
purports  to  be.  The  commissioner  of  elections 
shall  cause  such  ordinance  to  be  published  once  in 
each  of  the  daily  newspapers  published  in  said 
city ;  such  publication  to  be  not  more  than  twenty 
or  less  than  five  days  before  such  election.  The 
ballots  used  when  voting  upon  such  ordinance 
shall  be  printed  in  the  manner  provided  by  sec- 
tion three  hundred  and  thirty-two  of  the  election 
law.  Any  number  of  ordinances  may  be  voted 
upon  at  the  same  general  or  special  election  in  ac- 
cordance with  the  provisions  of  this  section,  but 
there  shall  not  be  more  than  one  special  election 
held  in  any  period  of  six  months  for  such  purpose. 
No    resolution    of    the    council,    appropriating 


Title  1 1.]  Commission  Charter  127 

money  other  than  for  the  regular  payrolls,  or 
resolution  incurring  or  providing  for  the  incur- 
ring of  any  expenses,  or  disposing  of  any  prop- 
erty or  rights  of  the  city,  shall  become  effective 
until  thirty  days  from  its  adoption ;  and  its  opera- 
tion shall  be  suspended,  and  it  shall  be  reconsid- 
ered and  submitted  to  the  electors,  in  the  same 
manner  as  in  this  section  provided  for  the  sus- 
pension, reconsideration,  and  submission  of  an 
ordinance. 

§  32.  Every  proposed  ordinance  (except  an 
ordinance  which  shall  state  that  it  is  immediately 
necessary  for  the  preservation  of  the  public  peace, 
health  or  safety),  and  every  proposed  resolution 
appropriating  money  (except  for  the  regular  pay- 
rolls), or  ordering  any  improvement,  or  granting 
or  authorizing  any  franchise,  or  right  to  occupy 
or  use  the  streets,  highways,  bridges  or  public 
places  in  the  city  for  any  purpose,  shall  be  pre- 
sented to  the  council  in  open  meeting,  shall  be 
read  and  spread  upon  the  minutes,  and  shall  then 
remain  on  file  with  the  city  clerk  for  public  inspec- 
tion at  least  one  week,  and  be  published  in  the 
official  paper  at  least  three  times  before  the  final 
vote  of  the  councU  upon  its  adoption. 

§  33.  No  franchise  or  permission  to  occupy  or 
use  any  of  the  streets,  highways,  bridges  or  public 
places  of  said  city  by  a  person,  firm,  corporation 
or  association  for  the  purpose  of  installing  or  ex- 
tending a  system  of  waterworks,  gas,  electric 
light  or  power,  heating,  telegraph,  telephone,  rail- 
way (whether  street,  surface,  overhead  or  under- 
ground), or  any  public  service  utility  that  re- 
quires the  occupation  of  any  such  highway  or 
other  public  place,  shall  be  valid  until  it  has  been 


128  Commission  Charter  [Title  II. 

granted  by  the  council,  and  has  been  thereafter 
approved  by  a  majority  of  the  electors  voting 
thereon  at  a  general  election,  or  at  a  special  elec- 
tion to  be  ordered  by  the  council.  The  cost  of  any 
such  special  election  shall  be  borne  by  the  person, 
firm,  corporation  or  association  seeking  the  fran- 
chise. Provision  for  such  a  special  election  shall 
be  made  by  the  council  by  ordinance,  except  in  so 
far  as  may  be  especially  provided  by  the  election 
law,  or  by  this  act,  and  any  such  election  must  be 
held  upon  a  date  to  be  fixed  by  the  council  not  less 
than  thirty  nor  more  than  forty  days  after  it  shall 
have  been  ordered. 

§  34.  The  preceding  section  shall  not  be  con- 
strued to  include  permits  for  the  construction  of 
switches  or  sidings.  The  council  may  grant  such 
permits  but  only  upon  the  express  condition  that 
any  such  permit  is  a  mere  license  and  subject  at 
any  time  to  revocation  or  change  without  compen- 
sation therefor,  that  the  licensee  will  immediately 
upon  any  such  revocation  or  change  remove  or 
alter  such  switch  track  or  siding  to  comply  there- 
with, and  will  replace  in  good  condition  any  street 
or  public  place  affected  thereby ;  each  such  permit 
shall  contain  a  further  condition  that  the  person 
or  corporation  constructing  the  switch  or  siding 
and  all  persons  benefited  thereby,  shall  have  no 
claim  upon  the  city  for  any  damage  which  may  be 
caused  by  reason  of  any  change  of  grade  in  such 
switch  track  or  siding,  whether  such  change  of 
grade  shall  be  directly  ordered  or  made  necessary 
by  the  alteration  of  another  track.  The  council 
shall  have  the  power  to  add  to  any  such  permit 
such  further  conditions  as  may  be  deemed  desir- 
able for  the  protection  of  the  interests  of  the  city. 


Title  III.]  Commission  Charter  129 

TITLE  III. 

The  Executive  Department. 

§  40.  The  executive  and  administrative  powers 
of  the  city  are  hereby  vested  in  the  council;  it 
shall  have  and  possess  all  the  powers  of,  and  shall 
either  perforin,  or  supervise  and  provide  for  the 
performance  of  all  the  duties  heretofore  imposed 
upon  the  mayor,  the  various  city  departments, 
city  boards,  and  commissions,  the  heads  of  city 
departments  and  all  other  oflScers  of  the  city 
whether  elective  or  appointive,  excepting  the  city 
court,  the  children's  court,  the  judges  and  officers 
thereof,  and  the  civil  service,  railroad  terminal 
and  grade  crossings  commissions.  The  deposit 
and  disbursement  of  all  money  belonging  to  the 
city  shall  be  made  as  directed  by  the  council,  and 
payment  to  the  city  of  any  money  due  to  it  for 
any  cause  shall  be  made  as  provided  by  ordinance. 

<§  41.  The  executive  and  administrative  powers 
hereby  conferred  upon  the  council  may  in  its  dis- 
cretion be  exercised  through  the  five  following 
city  departments : 

1.  Department  of  public  safety. 

2.  Department  of  finance  and  accounts. 

3.  Department  of  public  affairs. 

4.  Department  of  public  works. 

5.  Department  of  parks  and  public  buildings. 

The  council  shall  determine  and  prescribe  the 
jurisdiction  and  duties  of  each  department,  and 
the  powers  and  duties  of  the  officers  and  employees 
therein,  except  as  may  be  especially  provided  for 
in  this  act,  and  shall  make  such  rules  and  regula- 


130  Commission  Charter  [Title  III. 

tions  for  the  conduct  of  each  department  as  it  may 
deem  desirable  to  secure  eflSciency  and  economy. 

§  42.  The  mayor  shall  be  superintendent  of  the 
department  of  public  safety,  which  shall  include 
the  subordinate  departments  of  police,  fire  and 
health*  It  shall  be  the  duty  of  the  mayor  to  ac- 
quaint himself  with  the  conduct  of  each  of  the 
other  city  departments,  and  from  time  to  time 
to  report  thereon  to  the  council,  with  such  recom- 
mendations as  he  may  deem  advisable  for  the  pur- 
pose of  promoting  efficiency  and  economy  therein. 
He  and  each  councilman  shall  have  access  to  all 
records,  books  and  documents  in  any  department 
or  office.  The  mayor  shall  have  the  custody  of 
the  seal  of  the  city,  and  shall  authenticate  the  acts 
of  the  council,  and  all  instruments  and  papers 
authorized  so  to  be  authenticated.  The  mayor 
shall  issue  all  licenses  authorized  by  the  ordi- 
nances, except  as  in  this  act  or  in  the  ordinances 
otherwise  provided. 

§  43.  The  council  shall,  at  its  first  regular  meet- 
ing after  election  of  its  members,  designate  one 
/councilman  to  be  superintendent  of  the  depart- 
ment of  finance  and  accounts;  one  to  be  superin- 
tendent of  the  department  of  public  affairs;  one 
to  be  superintendent  of  the  department  of  public 
works ;  and  one  to  be  superintendent  of  the  depart- 
ment of  parks  and  public  buildings.  Such  desig- 
nations may  continue  through  the  terms  of  ofl&ce 
of  such  councilmen,  but  shall  be  changed  when- 
ever it  appears  to  the  council  that  the  public  ser- 
vice will  be  benefited  thereby. 

'^  44.  The  council  first  elected  under  this  act 
shall,  at  its  first  meeting,  or  as  soon  as  practicable 
thereafter  on  the  nomination  of  the  mayor  ap- 


Title  III.]  Commission  CmvRTER  131 

point  the  following  officers ;  a  corporation  counsel, 
superintendent  of  education,  assessor  or  assess- 
ors, street  commissioner,  water  commissioners, 
building  commissioner,  health  commissioner,  chief 
of  fire  department,  chief  of  police,  superintend- 
ent of  markets,  superintendent  of  the  poor,  mem- 
bers of  the  board  of  education,  city  engineer,  city 
treasurer,  and  city  auditor ;  and  shall  also  appoint 
such  other  officers  and  deputies  on  the  nomination 
of  the  councilman  at  the  head  of  the  department 
affected  as  shall  be  provided  for  by  ordinance 
and  in  the  judgment  of  the  council  necessary  to 
the  proper  and  efficient  conduct  of  the  affairs  of 
the  city;  save,  however,  as  such  officials  are  here- 
by continued  in  office  under  section  three  hundred 
and  ninety-seven.  Any  officer  or  employee  ap- 
pointed by  the  council  may  be  by  it  removed  from 
office,  except  as  provided  by  law,  and  his  successor 
appointed  by  it  at  any  time.  Vacancies  shall 
be  filled  by  the  council.  The  council  may  by  or- 
dinance vest  in  the  head  of  any  department  the 
appointment  of  such  subordinates  not  herein 
named  specifically  as  it  deems  advisable. 

'§45.  All  appointments,  promotions  and 
changes  of  status  of  persons  in  the  public  service 
of  the  city  shall  be  made  in  the  manner  prescribed 
by  the  constitution  of  the  state,  and  in  accordance) 
with  the  provisions  of  the  state  civil  service  law. 
The  council  shall  appoint  the  municipal  civil  ser- 
vice commissioners  in  accordance  with  the  provi- 
sions of  section  eleven  of  the  state  civil  service 
law.  The  powers  and  duties  of  such  commission- 
ers shall  be  as  in  said  act  provided,  and  they  shall 
hold  office  for  a  term  of  four  years  unless  removed 
by  the  council  upon  charges  and  after  a  hearing. 


132  Commission  Chabter  [Title  III. 

§  46.  The  council  shall  fix  by  ordinance  the  sal- 
ary or  compensation  to  be  paid  to  the  several 
officers  and  employees  of  the  city  and  the  time 
when  the  same  shall  be  paid.  Such  salary  or  com- 
pensation shall  be  fixed  before  their  appointment. 
No  extra  compensation  shall  be  granted  to  any 
officer  or  employee,  or  to  any  contractor. 

§  47.  Each  of  the  officers  of  the  city,  including 
the  mayor  and  each  councilman,  shall  execute  and 
file  with  the  city  clerk  a  bond  or  undertaking  with 
sufficient  sureties,  in  such  sum  as  shall  be  fixed  by 
ordinance,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  their  respective  offices,  and 
for  the  accounting  and  payment  to  the  city  of  all 
moneys  belonging  to  the  city  received  by  them, 
and  with  such  other  conditions  as  may  be  re- 
quired by  ordinance.  Whenever  required  so  to 
do  by  the  council,  any  such  officer  shall  execute 
and  file  a  new  bond  or  undertaking.  The  cost  of 
a  bond  of  a  surety  company  given  by  the  mayor 
or  any  councilmen  shall  be  borne  by  the  city. 

<§.  48.  If  the  mayor  or  any  of  the  councilmen 
shall  be  unable  to  perform  the  executive  and  ad- 
ministrative duties  of  his  office  in  consequence  of 
sickness  or  temporary  absence,  the  council  may 
designate  one  of  its  members  to  act  in  his  place, 
and  the  member  so  designated  shall  perform  such 
executive  and  administrative  duties  of  such  ab- 
sent or  disabled  officer  until  he  shall  resume  them. 

§  49.  The  council  shall  provide  the  different 
departments  mth  suitable  rooms  and  accommo- 
dations, and  shall  define  the  jurisdiction  of  each 
department  save  as  herein  specifically  provided. 


Title  III.]  Commission  Charter  133 

<§.  50.  No  contract  the  expense  of  which 
shall  execeed  the  sum  of  one  thousand  dollars 
shall  be  made  by  the  council,  or  any  of  the  city 
departments,  or  any  officer  thereof,  unless  there 
shall  have  been  published  a  notice  in  the  official 
paper  and  two  other  daily  papers  in  the  city  at 
least  twice  a  week  for  two  weeks,  inviting  sealed 
proposals  for  the  same,  according  to  plans  and 
specifications  to  be  filed  in  the  office  of  the  depart- 
ment or  officer  having  charge  of  the  work ;  and  the 
contract  shall  be  let  to  the  lowest  responsible  bid- 
der, who  shall  furnish  security  for  its  perform- 
ance satisfactory  to  the  council,  department  or 
officer.  There  shall  be  no  unnecessary  division 
of  any  contract  designed  to  evade  the  foregoing 
requirements  as  to  advertising.  No  contract  for 
the  doing  of  any  work  or  the  making  of  any  im- 
provements for  a  price  exceeding  one  thousand 
dollars,  the  expense  of  which  is  to  be  repaid  to 
the  city  by  means  of  local  assessment,  shall  be 
entered  into  until  the  assessment  therefor  has 
been  confirmed,  except  as  otherwise  provided  in 
section  one  hundred  and  forty-three  hereof,  and 
except  that  the  city  may  enter  into  contracts  for 
doing  of  work  necessary  to  put,  keep  and  main- 
tain the  Buffalo  river  and  all  navigable  waterways 
within  the  said  city  in  good  condition  for  all 
authorized  purposes  and  may  undertake  and  per- 
form all  such  work  before  the  assessment  therefor 
has  been  confirmed.  No  work  or  improvement 
specified  in  this  act,  except  the  grading  or  re- 
grading,  graveling  or  regraveling,  macadamiz- 
ing or  remacadamizing,  or  paving  or  repaving  of 
any  street  or  alley,  the  expense  of  which  shall  be 
estimated  to  exceed  one  thousand  dollars,  shall 
be  ordered  unless  by  a  vote  of  four-fifths  of  the 


134  Commission  Charter  [Title  IV. 

members  of  the  council  after  publication  in  six 
successive  numbers  of  the  official  paper  of  the 
city  of  notice  of  intention  to  order  such  work  or 
improvement.  The  provisions  of  this  act  or  of 
law  requiring  advertisement  for  bids  or  proposals, 
or  the  awarding  of  contracts,  for  work  to  be  done 
or  supplies  to  be  furnished  for  any  of  said  depart- 
ments shall  not  be  applicable  to  public  work  whicli 
may  be  done  or  to  the  supplies  which  may  be 
furnished  under  the  provisions  of  the  prison  law. 

§  51.  The  council  shall  publish  quarter-yearly 
in  the  official  paper  a  full,  clear  and  complete 
statement  of  the  financial  operations  of  the  city 
during  the  preceding  quarter,  which  shall  show 
the  amount  of  all  taxes  and  other  revenues  col- 
lected, and  the  amount  and  general  character  of 
the  disbursements  made,  during  such  period. 


TITLE  IV. 

Elections. 

AETICLE  I. 

Designation  of  Candidates  fob  Nomination  fob 
Mayob  and  Councilmen. 

<^  70.  The  mayor  and  councilmen  shall  be  nom- 
inated and  elected  as  provided  in  this  title,  and 
the  provisions  of  the  election  law  shall  apply  in 
so  far  as  they  are  not  inconsistent  with  this  act; 
judges  of  the  city  court  of  Buffalo  and  the  chil- 
dren's court,  and  supervisors,  shall  continue  to  be 
nominated  and  elected  as  now  provided  by  law. 


Title  IV.]  Commission  Charter  135 

"^  71.  Candidates  for  nomination  for  the  office 
of  mayor  or  councilmen  shall  be  designated  only 
as  herein  provided;  they  may  be  designated  by 
the  filing  of  a  petition  with  the  commissioner  of 
elections  of  Erie  county ;  every  such  petition  shall 
be  filed  at  or  before  five  o'clock  in  the  afternoon 
of  the  fourth  Tuesday  preceding  the  primary 
election  at  which  the  candidates  for  nomination 
therein  designated  are  to  be  voted  for.  All  peti- 
tions shall  at  the  time  of  the  filing  thereof  be 
stamped  or  indorsed  by  the  board  of  elections 
with  the  day,  hour  and  minute  of  such  filing. 

§  72.  Every  such  petition  shall  be  in  substan- 
tially the  following  form: 

I,  the  undersigned,  do  hereby  certify  that  I 
reside  at  the  place  stated  opposite  my  signature, 
and  that  I  am  an  enrolled  elector  of  the  state, 
duly  qualified  to  vote  at  the  next  succeeding  pri- 
mary election  in  the  city  of  Buffalo-,-  in  the  election 
district  and  ward  as  herein  below  specified  oppo- 
site my  signature ;  that  I  do  hereby  designate  the 
following  named  person  or  persons  as  a  candidate 
or  candidates  for  nomination  for  office  to  be  voted 
for  at  the  next  succeeding  primary  election  to  be 
held  on  the  day  of  A.  D. 


Name   of  Candidate        Place    ol    Residence  For  What 

Office 


I  do  hereby  appoint  (here  insert  the  names  and 
residences  of  at  least  three  persons)  as  a  commit- 


.136  Commission  Charter  [Title  IV. 

tee  to  fill  vacancies  in  accordance  with  the  provi- 
sions of  the  charter  of  the  city  of  Buffalo. 

In  witness  whereof  I  have  hereunto  set  my  hand 
the  day  and  year  placed  opposite  my  signature. 


Date  Name  of  Residence      Election  Dis't       Ward 

Signer 


>SS. 


State  of  New  York, 
County  of  Erie, 
City  of  Buffalo, 

being  duly  sworn,  says  that 

he  is  over  the  age  of  twenty-one  years  and  resides 
at  (insert  street  and  number  of  residence  if  any) 
in  the  city  of  Buffalo;  that  the  persons  whose 
names  are  subscribed  to  the  pages  numbered 
of  the  foregoing  petition  are  severally 
personally  known  to  him,  and  known  to  him  to  be 
the  persons  who  subscribed  the  f  oregoingpetition ; 
that  they  each  signed  such  petition  in  his  presence 
on  the  dates  set  opposite  their  respective  names, 
and  with  full  knowledge  of  the  contents  thereof, 
and  that  he  believes  their  respective  residences 
and  places  of  enrollment  are  correctly  set  forth. 


Subscribed  and  sworn  to  before  me 
this  day  of  A.  D., 


(title  of  officer  taking  oath) 


Title  IV.]  Commission  Charter  '  137 

<§  73.  Such  petition  shall  be  signed  by  not  less 
than  three  hundred  qualified  electors;  such  peti- 
tion shall  not  be  deemed  irregular  because  of  the 
failure  of  any  signer  thereof  to  state  thereon  his 
election  district  or  ward,  or  because  of  an  incor- 
rect statement  by  any  signer  of  his  election  dis- 
trict or  ward. 

§  74.  All  papers  signed  and  verified  in  the 
manner  and  form  substantially  as  above  prescrib- 
ed, for  the  purpose  of  designating  the  same  can- 
didate or  candidates  for  the  same  ofiice  or  offices, 
shall,  when  bound  together  and  offered  for  filing, 
as  provided  in  this  article,  be  deemed  to  consti- 
tute one  petition  with  respect  to  such  candidate 
or  candidates. 

§  75.  An  enrolled  elector  who  shall  have  signed 
a  petition  designating  a  candidate  for  nomination 
for  the  office  of  mayor,  or  who  shall  have  signed 
a  petition  or  petitions  designating  therein  as 
many  candidates  for  councilmen  as  there  shall  be 
vacancies  in  such  office  required  to  be  filled  at  the 
next  succeeding  general  election,  shall  not  sign 
any  other  petition  designating  any  other  candi- 
date for  the  same  office  to  be  voted  for  at  the  same 
primary.  In  case  of  a  violation  of  the  provisions 
of  this  section,  an  elector's  signatures,  in  excess 
of  the  number  allowed,  shall  be  disregarded,  but 
the  signature  or  signatures  of  such  elector  shall 
be  counted  upon  the  petition  or  petitions  whereon 
his  signature  bears  the  earliest  date  or  dates  until 
the  limit  of  his  right  to  designate  has  been 
reached. 

§  76.  Within  ten  days  after  the  expiration  of 
the  time  for  the  filing  of  such  petitions  the  board 


138  Commission  Charter  [Title  IV. 

of  elections  shall  publish  in  all  the  daily  newspap- 
ers of  the  city  for  three  successive  days  the  names 
of  all  the  persons  designated  as  candidates  for 
nomination  in  petitions  which  are  in  proper  form 
and  have  the  requisite  number  of  qualified  sign- 
ers, specifying  which  of  said  persons  have  been 
designated  as  candidates  for  the  nomination  for 
mayor,  and  which  for  the  nomination  for  council- 
men.  There  shall  be  prefixed  to  the  list  of  names 
a  statement  of  the  day  upon  which  the  primary 
election  will  be  held,  and  each  office  for  which 
nominations  will  be  made  at  such  primary  elec- 
tion, and  a  further  statement  that  petitions  have 
been  filed  with  the  commissioner  of  elections  des- 
ignating such  persons  as  candidates  for  nomina- 
tion for  the  respective  offices. 

^  77.  Any  question  arising  with  reference  to  the 
sufficiency  of  any  petition  filed  with  the  board  of 
elections  shall  be  determined  by  them  in  the  first 
instance  within  five  days  after  such  filing;  their 
determination  shall  be  made  in  writing,  and  a 
copy  thereof  shall  be  sent  forthwith  by  mail  by 
such  board  to  the  members  of  the  committee  to 
fill  vacancies,  if  any,  named  upon  the  face  of  the 
petition,  and  also  to  each  person  designated  in 
the  petition  as  a  candidate,  who  is  affected  by  such 
determination.  The  supreme  court  or  any  justice 
thereof  within  the  eighth  judicial  district,  or  the 
county  judge  of  Erie  county,  shall  have  summary 
jurisdiction  upon  complaint  of  any  elector  to  re- 
view the  determination  and  acts  of  the  board  of 
elections,  and  to  make  such  order  in  the  premises 
as  justice  may  require,  but  the  final  order  must 
be  made  at  least  five  days  before  the  date  of  the 
primary  election. 


Title  IV.]  Commission  Charter  139 

^  78.  If  a  person,  who  has  been  duly  desig- 
nated as  a  candidate,  declines  such  designation, 
in  a  writing  signed  by  him  and  duly  acknowledged 
and  filed  with  the  board  of  elections  at  least 
twenty  days  before  the  primary  election,  or  if  a 
person  regularly  designated  as  a  candidate  dies 
before  the  primary  election,  the  committee  ap- 
pointed on  the  face  of  the  petition  for  the  desig- 
nation of  such  person  may  make  a  new  designa- 
tion, by  making  and  filing  with  the  board  of  elec- 
tions a  certificate  setting  forth  the  cause  of  the 
vacancy,  the  name  of  the  person  designated  by  the 
committee  and  the  name  of  the  person  originally 
designated;  such  certificate  shall  be  subscribed 
and  acknowledged  by  a  majority  of  the  members 
of  the  committee,  and  the  members  of  the  com- 
toiittee  subscribing  the  same  shall  make  oath, 
before  the  officer  or  officers  before  whom  they  sev- 
erally acknowledged  the  execution  of  the  said 
certificate,  that  the  matters  therein  stated  are 
true  to  the  best  of  their  information  and  belief. 
Such  certificate  must  be  filed  with  the  board  of 
elections  at  least  fifteen  days  before  the  primary 
election,  in  case  the  designation  made  by  petition 
has  been  declined.  If  the  person  originally  desig- 
nated has  died  after  the  ballots  have  been  printed, 
pasters  must  be  prepared  and  furnished  as  pro- 
vided in  section  one  hundred  and  thirty-seven  of 
the  election  law. 

ARTICLE  n. 

Reoistbation  of  Electors,  and  Primary  Election 

FOR  Nomination  of  Candidates  for 

Mayor  and  Councilmen. 

^  79.    On  the  third  Tuesday  before  the  general 
election  in  the  year  hereinafter  specified  in  this 


140  Commission  Charter  [Title  IV. 

act,  and  on  the  like  Tuesday  in  every  second  year 
thereafter,  there  shall  be  held  a  primary'-  election 
for  the  purpose  of  nominating  the  candidates  for 
mayor  or  councilmen,  or  both,  for  a  term  of  office 
commencing  on  the  first  day  of  January  next  suc- 
ceeding. The  polls  of  every  such  primary  elec- 
tion shall  be  open  at  six  o'clock  in  the  forenoon 
and  shall  close  at  nine  o'clock  in  the  evening. 
There  shall  be  no  adjournment  or  intermission 
until  the  polls  are  closed.  Such  primary  election 
shall  be  held  at  the  place  in  each  election  district 
which  shall  have  been  designated  by  the  board  of 
elections  as  the  place  where  the  general  election 
shall  be  held  during  the  year. 

'^  80.  At  the  meeting  of  the  board  of  inspectors 
in  the  city,  for  revising  and  correcting  the  regis- 
ter for  the  primary  election  herein  provided,  the 
inspectors  shall  retain  upon  the  register  of  their 
respective  districts  the  names  of  all  persons  quali- 
fied to  vote  at  such  election  in  such  district  which 
appear  upon  the  register  of  voters  for  the  last  pre- 
ceding general  election  in  such  election  district, 
except  the  names  of  such  voters  as  are  proven  to 
the  satisfaction  of  the  inspectors  to  have  ceased 
to  be  voters  of  such  district  since  their  names 
were  placed  upon  such  register,  and  shall,  at  such 
meeting,  add  only  to  such  register  the  names  of 
the  persons  qualified  as  voters  who  shall  person- 
ally appear  before  the  board. 

Any  voter  who  was  registered  in  an  election  dis- 
trict of  the  city  at  the  last  preceding  general  elec- 
tion, and  who  since  that  time  shall  have  removed 
into  another  election  district  in  the  city,  and  who 
is  otherwise  qualified  to  vote,  shall,  upon  demand, 
receive  from  the  board  of  inspectors  of  the  dis- 
trict in  which  he  was  registered  for  such  last  pre- 


Title  IV.]  Commission  Charter  141 

ceding  general  election  a  certificate  duly  signed 
by  the  said  board  of  the  fact  that  his  name  was 
upon  such  register  and  has  been  erased  therefrom 
because  of  such  removal,  and  his  name  shall  there- 
upon be  erased  from  such  register.  Upon  presen- 
tation of  such  certificate  by  the  voter  to  the  board 
of  inspectors  of  the  election  district  in  which  he 
resides,  his  name  shall  be  placed  upon  the  register 
for  such  district.  The  inspectors  must  note  upon 
the  register  opposite  the  name  of  such  voter  the 
fact  of  such  removal,  specifying  the  election  dis- 
trict from  which  he  has  removed.  They  shall 
carefully  attach  such  certificate  to  the  register. 

"§  81.  The  board  of  elections  shall  provide  for 
each  polling  place  the  same  equipment,  sample 
ballots,  instruction  cards,  tally  sheets,  return 
blanks,  stationery,  and  other  supplies,  so  far  as 
may  be  necessary,  for  use  at  such  primary 
election,  as  he  is  required  to  provide  for  each  poll- 
ing place  for  use  at  the  general  election;  the  ex- 
pense thereof  shall  be  a  charge  upon  the  city. 

"§.  82.  The  board  of  elections  shall  cause  the  list 
of  polling  places  in  the  city,  required  to  be  pub- 
lished by  section  three  hundred  and  one  of  the 
election  law,  to  be  published  in  the  same  newspap- 
ers on  the  day  of  a  primary  election  hereunder 
and  on  the  day  prior  thereto. 

<^  83.  The  election  officers  who  shall  have  been 
appointed  to  serve  at  the  general  election  next 
succeeding  a  primary  election  held  under  this  title 
shall  serve  within  their  districts  at  such  primary 
election  and  shall  receive  the  same  amount  of 
compensation. 


142  Commission  Charter  [Title  IV. 

§  84,  The  expense  of  all  primary  elections  held 
under  this  title  shall  be  paid  by  the  city  and  in  the 
same  manner  as  the  expenses  of  general  elections. 
If  provision  shall  not  have  been  made  for  the  pay- 
ment of  such  expense  in  any  year,  then  the  officers 
who  are  empowered  by  law  to  make  such  provi- 
sion in  the  city  are  hereby  authorized  and  directed 
to  raise  money,  to  such  an  amount  as  may  be  nec- 
essary, in  any  manner  provided  by  law  for  meet- 
ing expenses  in  anticipation  of  the  collection  of 
taxes  and  resources,  and  to  pay  such  expense 
therefrom.  The  amount  so  raised  shall  be  in- 
cluded in  the  amount  to  be  raised  by  tax  in  the 
ensuing  year. 

<§  85.  The  board  of  elections  shall  cause  to  be 
prepared,  printed,  and  supplied  for  use  at  the 
primary  elections  hereunder,  official  primary  bal- 
lots, and  no  other  ballots  shall  be  used  at  such 
elections.  No  names  of  candidates  for  nomina- 
tion for  the  office  of  mayor,  or  councilmen,  shall 
be  printed  upon  the  official  primary  ballot,  ex- 
cept after  designation  duly  made  by  petition,  or 
by  committee,  as  prescribed  in  article  one  of  this 
title.  No  names,  words,  signs  or  matter  whatso- 
ever shall  be  printed,  written,  stamped,  or  in  any 
other  manner  placed  upon  the  official  primary  bal- 
lot, except  as  in  this  title  provided. 

<§>  86.  Such  official  primary  ballot  shall  conform 
in  quality,  weight,  color  and  style  of  printing  to 
the  ballot  prescribed  by  the  election  law  for  use 
at  the  general  election.  The  ballot  shall  be  printed 
upon  the  same  leaf  with  the  stub  and  separated 
therefrom  by  a  perforated  line.  The  part  above 
the  perforated  line  designated  as  the  stub  shall 
extend  the  entire  width  of  the  ballot,  and  shall  be 


Title  IV.]  Commission  Charter  143 

of  sufficient  depth  to  allow  the  instructions  to  the 
voters  to  be  printed  thereon.  Upon  the  face  of  each 
stub  shall  be  printed  the  ward  and  the  election  dis- 
trict number  and  in  type  known  as  brevier  the  fol- 
lowing instructions :  ' '  In  order  to  vote  the  voter 
should  make  with  a  lead  pencil  having  black  lead 
a  cross  X  mark  in  the  voting  space  at  the  left 
of  the  name  of  the  candidate  or  candidates  for 
whom  he  desires  to  vote.  To  vote  for  a  person 
whose  name  in  not  on  the  ballot,  write  the  name  of 
such  person  under  the  title  of  the  office  in  the 
blank  space  provided  for  that  purpose.  Any- 
other  mark  than  the  cross  X  mark  used  for  the 
purpose  of  voting  or  any  erasure  made  on  this 
ballot  makes  it  void  and  it  cannot  be  counted  as 
a  vote  for  any  candidate.  If  you  tear  or  deface  or 
wrongly  mark  the  ballot  return  it  and  obtain  an- 
other but  only  one  additional  ballot  may  be  so  ob- 
tained." On  the  face  of  the  ballot  immediately 
below  the  perforated  line  shall  be  printed  the  cap- 
tion "Candidates  for  nomination  for  mayor" 
whenever  a  mayor  is  to  be  elected  and  under  said 
caption  in  brevier  lower  case  type  the  words 
''Vote  for  one"  and  immediately  thereunder  the 
names  of  all  the  candidates  for  nomination  for 
that  office,  duly  designated  as  provided  in  this 
title,  shall  be  printed  in  one  column  and  arranged 
in  alphabetical  order.  Immediately  below  the 
names  of  all  the  candidates  for  such  office  of 
mayor  shall  be  left  one  blank  space ;  the  voter  may 
write  in  such  blank  space  the  name  of  any  person 
for  whom  he  desires  to  vote  for  nomination  for 
mayor,  whose  name  is  not  printed  upon  the  ballot 
as  a  candidate  for  nomination  for  such  office.  Im- 
mediately below  such  blank  space  shall  be  printed 
the  caption  "Candidates  for  nomination  for  coun- 


144  Commission  Charter  [Title  IV. 

cilman"  and  under  such  caption  in  brevier  lower 
case  type  the  words  ''Vote  for  ,"  and  in  the 

blank  space  shall  be  printed  the  number  to  be 
elected.  Immediately  below  this  direction  shall 
be  printed,  in  one  column  and  arranged  in  alpha- 
betical order,  the  names  of  all  candidates  duly  des- 
ignated as  provided  in  this  title  for  nomination 
for  such  office,  and  immediately  below  the  names 
of  all  the  candidates  shall  be  left  four  blank 
spaces ;  the  voter  may  write  in  such  blank  spaces 
the  names  of  persons  for  whom  he  desires  to  vote, 
whose  names  are  not  printed  upon  the  ballot  as 
candidates  for  nomination  for  such  office.  Voting 
spaces  shall  be  provided  at  the  left  of  said  column 
opposite  the  names  of  candidates  in  the  same  man- 
ner as  provided  upon  the  official  ballot  for  use  at 
the  general  election.  On  the  back  of  the  ballot 
below  the  stub  and  immediately  at  the  left  of  the 
center  of  the  ballot  shall  be  printed  in  great  prim- 
er Roman  condensed  capitals,  ''Official  primary 
ballot  for"  and  after  the  word  "for"  shall  follow 
the  designation  of  the  polling  place  for  which  the 
ballot  is  prepared,  the  date  of  the  primary  elec- 
tion and  a  facsimile  of  the  signature  of  the  board 
of  elections  of  Erie  county.  On  the  back  of  the 
stub  shall  be  printed  the  consecutive  number  of 
the  ballot  beginning  with  number  one  and  increas- 
ing in  regular  numerical  order. 

§  87.  Sample  ballots,  instruction  cards  and  sta- 
tionery, tally  sheet  blanks,  ballot  return  blanks, 
election  return  blanks  and  blanks  for  the  report 
of  assisted  and  challenged  voters,  shall  be  pre- 
pared and  furnished  by  the  board  of  elections  for 
such  primary  election  in  the  same  manner  as  is 
required  at  a  general  election. 


Title  IV.]  Commission  Charter  145 

§  88.  The  provisions  of  article  fourteen  of  the 
election  law,  relating  to  the  conduct  of  elections, 
and  canvass  of  votes,  shall  apply  to  the  primary 
elections  held  under  this  title. 

§  89.  Nothing  herein  contained  shall  be  con- 
strued to  prevent  the  use  of  voting  machines  at 
the  primary  elections  and  in  the  event  of  their  uso 
the  provisions  of  article  fifteen  of  the  election  law 
shall  apply  so  far  as  the  same  may  be  applicable 
and  not  inconsistent  with  the  provisions  of  this 
title.  Such  voting  machines,  if  equipped  with 
single  straight  ticket  devices  for  use  at  the  gen- 
eral election,  shall  have  such  devices  securely 
locked  at  the  primary  elections.  The  ballots  pre- 
pared for  use  upon  such  machines  at  such  primary 
elections  shall,  in  addition  to  such  instructions  to 
voters  as  may  be  proper,  contain  only  the  names 
of  the  offices  for  which  candidates  are  to  be  nomin- 
ated, a  direction  stating  the  number  to  be  voted 
for  for  each  office,  and  the  names  of  the  candidates 
duly  designated  for  nomination,  with  proper  blank 
spaces  for  independent  voting. 

<^  90.  On  the  first  Friday  after  every  primary 
election  hereunder  the  supervisors  elected  within 
the  limits  of  the  city  shall  convene  at  the  usual 
place  of  meeting  of  the  board  of  supervisors  at 
two  o'clock  in  the  afternoon,  and  after  organizing 
by  the  election  of  a  chairman  and  secretary,  the 
city  clerk  shall  lay  before  the  meeting  the  certifi- 
cates of  the  inspectors  of  election  filed  with  him 
and  a  tabular  statement  of  their  result,  and  the 
meeting  shall  forthwith  canvass  the  returns,  and 
shall  determine  therefrom  and  shall  certify  under 
the  hand  of  its  chairman  and  secretary  the  names 
of  the  persons  who  received  the  largest  and  next 


146  Commission  Charter  [Title  IV. 

largest  number  of  votes  for  mayor,  and  the  per- 
sons double  in  number  the  number  of  councilmen 
to  be  elected,  who  received  the  largest  number  of 
votes  for  councilmen.  The  said  certificates  shall 
be  made  in  triplicate,  one  of  which  shall  be  filed 
in  the  office  of  the  clerk  of  Erie  county,  another 
shall  be  filed  and  recorded  in  the  office  of  the  city 
clerk,  and  the  third  shall  be  filed  with  the  board 
of  elections. 

<§>  91.  The  persons  named  in  such  certificates 
shall  be  the  persons  nominated  for  such  offices, 
respectively.  The  certificates  of  nomination  under 
this  title  shall  be  filed  with  the  board  of  elections 
at  least  ten  days  prior  to  the  election  for  which 
the  nominations  are  made. 

"§>  92.  If  a  candidate  duly  nominated  for  the 
office  of  mayor  or  councilman  dies  before  election 
day,  the  city  clerk  shall  certify  to  the  commis- 
sioner of  elections  the  name  of  the  person  who 
received  the  highest  number  of  votes  for  such 
office  at  the  preceding  primary  election,  other 
than  those  persons  who  were  nominated  for  such 
office,  and  the  board  of  elections  shall  place  his 
name  upon  the  official  ballot  in  place  of  the  de- 
ceased candidate.  Should  the  official  ballot  have 
been  printed,  pasters  shall  be  prepared  and  fur- 
nished as  provided  in  section  one  hundred  and 
thirty-seven  of  the  election  law. 


ARTICLE  III. 

Voting  and  Canvass  of  Votes  at  the  General 
Election. 

§  93.  (1)  At  all  general  elections  where  can- 
didates for  the  office  of  mayor  and  councilmen  of 
the  city  are  to  be  elected  the  form  of  general  bal- 


Title  IV.]  Commission  Charter  147 

lot,  tally  sheet  and  official  pasters,  the  method  of 
voting,  of  preparing  the  ballots  by  voters  to  indi- 
cate their  choice,  and  the  method  of  counting  the 
votes  and  certifying  the  results  shall  be  in  all  re- 
spects as  provided  by  the  election  law,  except  as  in 
this  act  otherwise  provided.  Only  the  names  of 
candidates  nominated  for  the  office  of  mayor  and 
councilmen  in  the  manner  in  this  title  provided 
shall  be  placed  upon  the  official  ballot  as  candi- 
dates for  such  offices.  Such  candidates  shall  be 
placed  in  the  column  on  the  extreme  right  of  the 
official  ballot ;  at  the  top  of  such  column  there  shall 
be  printed  in  type  kno^vn  as  great  primer  Roman 
condensed  capitals  the  caption  **City  nomina- 
tions" which  caption  shall  be  separated  from  the 
rest  of  the  column  by  a  heavy  printed  line.  Under 
said  caption  the  names  of  the  candidates  for  the 
offices  of  mayor  and  councilmen  shall  be  printed 
in  the  same  manner  and  with  the  same  alpha- 
betical arrangement  as  provided  in  this  title  for 
the  official  ballot  at  primary  elections.  A  vote.' 
may  write  in  the  blank  space  under  the  candidates 
for  mayor  and  in  the  blank  spaces  under  the  can- 
didates for  councilmen  the  name  or  names  of  any 
person  or  persons  for  whom  he  desires  to  vote  as 
his  choice  for  the  office,  whose  name  or  names  are 
not  printed  on  the  ballot  as  candidates  for  such 
office.  No  words,  device,  emblem,  sign  or  writing 
whatsoever  shall  be  printed,  written,  stamped  or 
placed  over,  in  or  upon  the  column  containing  the 
city  nominations,  except  as  herein  specially  pro- 
vided for  such  column. 

(2)  In  case  of  the  death  of  a  candidate  for  the 
office  of  mayor  or  councilman  the  official  paster  as 
provided  for  in  section  one  hundred  and  thirty- 
seven  of  the  election  law  shall  contain  the  name 


148  Commission  Charter  [Title  IV. 

of  the  successor  candidate  but  not  the  title  of  the 
office. 

(3)  If  the  voter  desires  to  vote  for  a  person  who 
has  been  nominated  as  a  candidate  for  the  office  of 
mayor  or  councilman  he  must  make  a  cross  X 
mark  in  the  voting  space  before  the  name  of  such 
candidate.  If  the  voter  desires  to  vote  for  a,nj 
person  for  the  office  of  mayor  or  councilman 
whose  name  does  not  appear  upon  the  ballot,  he 
can  so  vote  by  writing  the  name  of  the  person  with 
a  pencil  having  black  lead  in  the  blank  space  un- 
der the  title  of  the  office  in  the  city  nominations 
column. 

(4)  On  the  right  of  the  column  of  each  tally 
sheet  headed  ''Total  number  of  ballots  counted 
for, ' '  there  shall  be  a  column  headed  *  *  City  candi- 
dates" in  which  column  shall  be  printed  the  titles 
of  the  respective  city  offices  of  mayor  and  council- 
man and  the  names  of  the  candidates  therefor, 
respectively,  in  the  same  order  as  printed  in  the 
city  nominations  column  on  the  general  ballot, 
except  that  between  the  name  of  the  last  candi- 
date for  mayor,  and  the  title  of  the  office  of  coun- 
cilmen  shall  be  left  a  space  sufficient  to  write 
therein  the  names  of  persons  voted  for  for  such 
office  of  mayor;  and  like  blank  spaces  shall  be 
similarly  left  under  the  office  of  councilmen  in 
such  column. 

To  the  right  of  such  column  shall  be  a  column 
headed  ' '  Total  number  of  votes  cast  and  counted 
for  each  candidate,  and  blank  ballots,"  in  which 
column  opposite  the  name  of  each  person  shall 
be  entered  the  total  number  of  votes  cast  and 
counted  for  him.  Immediately  below  the  space 
left  for  the  writing  in  of  names  of  persons  voted 
for  for  the  office  of  mayor  or  councilman  in  the 


Title  IV.]  Commission  Charter  149 

column  headed  **City  candidates,"  and  in  the 
same  column,  shall  be  printed  the  words  ''Blank 
ballots, ' '  and  opposite  thereto  shall  be  entered  the 
number  of  ballots  on  which  no  vote  for  any  person 
for  such  office  has  been  cast.  Opposite  thereto, 
and  in  the  column  headed  * '  Total  number  of  votes 
cast  and  counted  for  each  candidate,  and  blank 
ballots ' '  shall  be  entered  the  total  number  of  such 
blank  ballots.  The  votes  canvassed  for  city  can- 
didates, and  such  blank  ballots,  shall  be  entered 
by  single  marks  grouped  into  five  marks. 

(5)  A  voting  machine  to  be  used  at  any  gen- 
eral election  where  candidates  for  city  office  are 
to  be  voted  for  must  be  so  constructed  as  to  re- 
quire and  permit  the  voter  who  desires  to  vote 
for  candidates  for  the  offices  of  mayor  and  coun- 
cilmen  of  the  city  to  do  so  separately.  The  can- 
didates for  city  office  shall  be  arranged  by  them- 
selves upon  the  ballot  used  upon  such  machines, 
in  as  nearly  as  may  be  practicable  the  same  order 
as  provided  in  this  section  for  the  arrangement  of 
such  candidates  upon  the  blanket  ballots,  but  they 
may  be  arranged  either  in  horizontal  rows  or 
vertical  columns. 


ARTICLE  IV. 

Special  Elections. 

^  94.  Special  elections  permitted  by  the  pro- 
visions of  this  act  shall  be  held  at  the  same  places 
as  the  primary  elections;  it  shall  be  the  duty  of 
the  board  of  elections  of  Erie  county  to  supply 
and  permit  the  use  of  all  necessary  booths  and 
equipment.    The  election  officers  who  serve  at  the 


150  Commission  Charter  [Title  IV. 

preceding  general  election  shall  serve  at  all  spe- 
cial elections  and  at  the  same  compensation. 

§  95.  All  expenses  of  special  elections  shall  be 
borne  by  the  city  and  paid  in  the  same  manner  as 
the  expenses  of  official  primary  elections  held 
under  this  title.  If  provision  shall  not  have  been 
made  for  the  payment  of  such  expenses  in  any 
year,  the  council  is  hereby  authorized  and  directed 
to  raise  money  to  such  an  amount  as  may  be  neces- 
sary in  the  manner  provided  by  law  for  meeting 
expenses  in  anticipation  of  the  collection  of  taxes 
and  to  pay  such  expenses  therefrom.  The  amount 
so  expended  shall  be  included  in  the  amount  to  be 
raised  by  tax  in  the  ensuing  year. 

<^  96.  Notice  of  the  time  and  place  of  holding 
any  special  election  and  the  purpose  of  such  elec- 
tion shall  be  published  in  such  manner  as  the  coun- 
cil shall  provide  by  ordinance,  except  as  may  be 
especially  provided  in  this  act. 

<§.  97.  Special  elections,  except  as  otherwise 
provided  in  this  act,  may  be  called  for  such  time 
as  may  be  fixed  by  the  council,  except  that  no 
special  elections  may  be  held  within  twenty  days 
from  the  date  of  the  adoption  of  the  resolution  of 
the  council  calling  such  election. 

§  98.  The  form  of  ballot  for  questions  submit- 
ted shall  conform  as  nearly  as  may  be  to  the  re- 
quirements of  section  three  hundred  and  thirty- 
two  of  the  election  law,  and  if  voting  machines 
are  used  at  such  special  elections  the  ballot  shall 
conform  as  nearly  as  may  be  to  the  requirements 
of  article  fifteen  of  the  election  law  so  far  as  the 
same  may  be  applicable. 


Title  v.]  Commission  Chaetee  151 

§  99.  The  canvass  and  certification  of  the  re- 
sult of  any  such  special  election  shall  be  made  as 
provided  in  this  title  for  the  canvass  and  certifi- 
cation of  the  result  of  the  official  primary  election. 


TITLE  V. 
Department  of  Finance  and  Accounts. 

AETICLE  I. 

General  Fund. 

§  100.  The  fiscal  year  shall  begin  on  the  first 
day  of  July. 

'§  101.  The  city  shall  have  the  power  to  raise 
money  to  defray  the  cost  of  the  carrying  on  of 
the  municipal  government,  and  for  doing  any 
of  the  things  authorized  by  law,  by  general  taxa- 
tion, by  local  assessment  where  authorized,  and 
by  the  issue  of  bonds  in  an  amount  not  to  exceed 
the  amounts  allowed  by  law.  It  shall  be  lawful 
for  the  city  to  issue  its  bonds  at  such  rates  of 
interest  as  the  council  may  determine,  and  to 
make  such  interest  payable  at  such  times  and 
places  as  may  also  be  determined  by  the  council. 
Such  bonds  may  be  issued  from  time  to  time  as 
ordered  by  the  council.  Except  as  may  be  other- 
wise provided  by  law  such  bonds  may  be  made 
payable  at  a  time  not  exceeding  twenty  years  from 
their  issuance  or  they  may  be  made  payable  in 
equal  proportions  during  a  number  of  successive 
years  not  exceeding  a  period  of  twenty  years  from 
their  issuance  as  the  council  may  determine.  All 
bonds  shall  be  sold  for  the  best  price  obtainable 
not  less  than  par,  and  accrued  interest,  and  shall 


152  Commission  Charter  [TitleV. 

be  valid  and  binding  upon  the  city  and  paid  in  the 
method  prescribed  by  law,  and  the  council  shall 
make  provision  in  the  general  fund  estimates  of 
said  city  for  the  payment  of  the  interest  on  and 
the  principal  of  said  bonds  as  the  same  shall  be- 
come due. 

§  102.  The  council,  on  or  before  a  date  prior 
to  May  first  of  each  year,  and  in  a  manner  to  be 
fixed  by  ordinance,  shall  adopt  an  estimate  of  the 
amount  necessary  to  be  raised  by  general  tax  to 
carry  on  the  city  government,  and  to  meet  all  the 
expenses  and  liabilities  of  the  city,  for  the  next 
fiscal  year;  in  such  estimate  shall  be  included  at 
least  one  hundred  thousand  dollars  of  the  prin- 
cipal and  the  interest  of  the  bonded  debt  of  the 
city  due,  or  to  fall  due  within  the  next  fiscal  year. 
All  premiums  realized  upon  the  sale  of  bonds  shall 
be  used  and  applied  as  a  resource  of  the  city  in 
the  annual  estimate.  The  sum  total  of  the  adopted 
estimate  shall  be  raised  by  general  tax. 

§  103.  In  such  estimate  may  be  included  a  sum 
not  exceeding  five  thousand  dollars  for  the  cele- 
bration of  the  fourth  of  July,  the  reception  of 
distinguished  persons  and  for  the  purpose  of 
providing  for  the  due  and  proper  observance  of 
Memorial  day. 

§  104.  The  expenditure  during  the  fiscal  year 
shall  be  kept  within  the  estimate,  unless  the  coun- 
cil by  a  four-fifths  vote  shall  approve  an  increase 
thereof.  The  amount  of  any  such  increase  shall 
be  included  in  the  estimate  for  the  ensuing  fiscal 
year,  and  may  be  temporarily  borrowed  on  city 
certificates  of  indebtedness,  or  met  by  the  issue 
of  bonds  payable  on  the  first  day  of  September 


Title  v.]  Commission  Charter  153 

of  the  fiscal  year  next  succeeding  their  issue,  or 
prior  thereto. 

§  105.  As  soon  after  the  adoption  of  any  esti- 
mate as  shall  be  practicable,  the  assessor  shall 
apportion  said  tax  upon  the  taxable  property 
within  the  city,  as  set  down  in  the  assessment-rolls 
of  the  year  filed  with  him;  and  shall  set  down  in 
a  column,  to  be  prepared  for  that  purpose  in  said 
rolls,  opposite  to  the  several  sums  set  down  on 
said  rolls  as  the  valuation  of  real  and  personal 
estates,  the  respective  sums  in  dollars  and  cents 
to  be  paid  as  a  tax  thereon.  He  may  correct  any 
clerical  errors  in  said  rolls.  He  shall  enter  there- 
on, in  a  column  to  be  prepared  for  that  purpose, 
opposite  to  each  lot  of  land,  the  aggregate  amount 
of  all  unpaid  local  assessments  thereon,  with  the 
additions. 

<^  106.  On  the  first  day  of  June  or  as  soon 
thereafter  as  practicable,  the  assessor  shall  give 
notice  by  publishing  the  same  in  the  official  paper, 
and  by  posting  the  same  in  six  public  places  in 
each  ward,  that  the  payment  of  taxes  and  assess- 
ments upon  the  general  taxrolls  may  be  made  to 
him  at  any  time  before  the  expiration  of  one 
month  from  the  date  of  said  publication  without 
additions ;  that  at  the  end  of  said  month  an  addi- 
tion of  one  per  centum  upon  every  unpaid  tax 
and  assessment  will  be  added  thereto;  that  an 
addition  of  one-half  of  one  per  centum  will  be 
made  every  month  thereafter  until  the  first  day  of 
March  following,  at  which  time  an  addition  of 
five  per  centum  upon  every  unpaid  tax  and  assess- 
ment will  be  added  thereto,  and  that  thereafter 
all  taxes  and  assessments  will  be  charged  with  in- 
terest at  the  rate  of  six  per  centum  per  annum  on 


154  Commission  Charter  [Title  V. 

the  first  day  of  each  month  until  the  same  are 
paid;  and  such  addition,  interest  and  fees  shall 
be  charged  accordingly.  On  or  before  the  first 
day  of  February  each  year,  the  assessor  shall  give 
notice  to  all  owners  of  land  upon  which  there 
remains  in  his  hands  any  such  unpaid  tax  or  as- 
sessment, by  mailing  written  notice  to  their  ad- 
dress as  shown  on  the  maps  in  his  ofl&ce,  and  if 
no  such  address  is  shown  such  notice  shall  be  ad- 
dressed to  them  at  Buffalo,  New  York,  that  if  such 
tax  or  assessment  is  not  paid  on  or  before  the  first 
day  of  March  next  thereafter,  five  per  centum 
will  be  added  thereto,  as  herein  provided,  and  the 
same  will  be  sold  for  taxes,  but  failure  to  give 
such  notice  shall  not  invalidate  the  tax  or  assess- 
ment or  subsequent  proceedings.  Whenever  any 
tax  appearing  upon  said  rolls  shall  be  erroneously 
marked  canceled  or  paid,  the  assessor  shall,  im- 
mediately upon  the  discovery  thereof,  notify  the 
owner  of  the  property  upon  which  said  tax  was  so 
canceled  that  said  cancellation  was  erroneous, 
and  that  such  tax  must  be  paid  within  thirty  days 
from  the  date  of  such  notice.  Said  notice  shall 
be  in  writing,  and  shall  be  mailed  to  the  address 
of  such  owner,  as  said  address  appears  on  the 
maps  in  the  assessor's  office;  if  no  such  address  is 
shown,  such  notice  shall  be  addressed  to  him  at 
Buffalo,  New  York;  in  case  said  tax  is  not  paid 
within  said  thirty  days,  the  assessor  shall  mark 
such  tax  ''Erroneously  canceled,"  together  with 
the  date  of  such  cancellation,  and  the  lien  of  said 
tax  shall  be  restored.  If  such  tax  is  not  restored 
before  the  first  day  of  March  after  the  general 
taxroU  was  made  up,  the  assessor  shall  place 
said  tax  upon  the  taxrolls  of  a  subsequent  year, 
in  a  separate  column,  and  said  tax  shall  have  the 


Title  v.]  Commission  Chaeter  155 

same  force  and  be  collected  in  the  same  manner 
as  an  original  city  tax  for  that  year.  All  taxes 
and  assessments,  together  with  interest  thereon 
as  provided  by  law,  shall  be  liens  upon  the  lands 
upon  which  they  are  assessed  from  the  time  of  the 
publication  of  the  notice  by  the  assessor  required 
by  this  section,  until  paid. 

•^  107.  The  city  may  recover  by  action  the 
amount  of  every  tax  with  the  additions  and  in- 
terest unpaid  on  the  first  day  of  March  aforesaid, 
with  interest  thereon  at  the  rate  of  six  per  centum 
per  annum,  and  the  further  sum  of  five  per  centum 
upon  the  amount  of  such  tax,  interest  and  addi- 
tions, from  the  persons  liable  to  pay  the  same, 
which  shall  remain  unpaid  for  more  than  ten 
months  after  the  commencement  of  collections 
upon  said  roll.  Such  action  shall  be  brought  by 
the  city.  The  judgment  obtained  in  such  action, 
when  docketed  in  the  office  of  the  clerk  of  Erie 
county,  shall  have  priority  over  any  other  lien  or 
incumbrance  upon  or  transfer  of  property  charged 
with  the  tax  for  which  such  action  was  brought, 
and  every  purchaser  or  incumbrancer  of  said 
property  whose  incumbrance,  lien  or  transfer 
shall  have  been  recorded  before  the  commence- 
ment of  the  action  shall  be  made  a  party  to  said 
action. 

"§  108.  Taxes  can  be  paid  to  the  assessor  with 
such  additions  and  interest  as  may  be  provided 
by  law  at  any  time  before  sale  with  the  addition 
of  one  dollar  for  expense  of  publication  of  notice 
of  sale  whenever  publication  thereof  has  been 
made  or  commenced. 

<^  108-a.  All  moneys  belonging  to  the  city,  save 
as  herein  otherwise  provided,  shall  be  paid  to  the 


156  Commission  Charter  [Title  V, 

treasurer  of  the  city  within  twenty-four  hours 
after  the  same  are  received,  or  as  soon  thereafter 
as  his  office  shall  be  open  for  the  transaction  of 
business ;  he  shall  daily  deposit  all  city  money  so 
received  by  him  in  such  bank  or  banks  as  may  be 
designated  by  the  council  for  such  purpose.  The 
treasurer  shall  furnish  a  bond  or  undertaking  to 
the  city,  to  be  approved  of  by  the  council,  in  such 
amount  as  they  shall  by  resolution  determine, 
conditioned  on  the  faithful  discharge  of  his  duties  j 
the  amount  of  such  bond  shall  not  be  less  than 
one  hundred  thousand  dollars.  The  treasurer 
shall  keep  full,  accurate  and  separate  accounts  of 
the  various  funds  and  moneys  belonging  to  the 
city  in  his  custody,  subject  to  the  direction  of  the 
council;  he  shall  each  week,  and  at  such  other 
times  as  he  may  be  so  requested,  furnish  the  coun- 
cil with  a  detailed  statement  of  the  exact  condition 
of  all  funds,  and  of  all  the  fiscal  affairs  of  the  city 
pertaining  to  his  office,  as  of  the  time  such  state- 
ment is  furnished. 

§  108-b.  The  council  shall  designate  the  bank 
or  banks  to  act  as  the  depository  of  city  moneys ; 
but  no  bank  shall  be  designated  until  such  bank 
has  provided  the  security  therefor  required  by  the 
council,  and  which  shall  protect  the  city  as  re- 
gards such  moneys  against  loss;  and  the  council 
shall  provide  for  the  receipt  of  interest  by  the 
city  on  its  bank  balances. 


ARTICLE  11. 

Chapteb  1.    Department  of  Assessment. 

§  110.     There  shall  be  a  department  of  assess- 
ment which  shall  be  a  subordinate  department  of 


Title  v.]  Commission  Charter  157 

the  department  of  finance  and  accounts,  until 
otherwise  provided  by  the  council.  The  council 
shall  by  ordinance  prescribe  whether  there  shall 
be  one  assessor  or  a  board  consisting  of  three  or 
more  assessors,  and  in  the  event  that  more  than 
one  assessor  shall  be  provided  for  the  word  ''as- 
sessor" wherever  used  in  this  act  shall  be  deemed 
to  refer  to  the  board  of  assessors.  A  majority  of 
any  such  board  of  assessors  shall  constitute  a 
quorum  for  the  transaction  of  business.  The 
council  may  divide  the  city  into  parts  known  as 
tax  sections  for  purposes  of  assessment  and 
change  or  add  thereto  from  time  to  time  as  it  may 
by  resolution  direct.  Until  such  division  be  made 
the  present  tax  sections  into  which  the  city  is 
divided  shall  be  retained  and  all  assessments  for 
general  purposes  made  with  reference  thereto; 
and  all  lists  of  available  jurors  for  the  city  of 
Buffalo  shall  be  made  with  reference  to  such  tax 
sections. 

§  111.  The  assessor  shall  have  the  powers  and 
duties  heretofore  possessed  by  the  board  of  as- 
sessors of  the  city  relative  to  matters  of  valuation 
and  assessment  for  the  city,  and  shall  have  such 
powers  and  perform  such  duties  in  addition  to 
those  prescribed  herein,  as  may  be  prescribed  by 
general  laws  applicable  thereto  and  not  inconsist- 
ent with  the  provisions  of  this  act. 

§  112.  In  case  the  assessor  (or  any  member  of 
the  board  of  assessors)  shall  be  interested  in  any 
parcel  included  within  land  upon  which  a  local 
assessment  is  to  be  spread,  the  council  shall  ap- 
point a  person  to  apportion  the  amount  of  the 
assessment  to  be  spread  on  such  parcel;  the  per- 
son so  appointed  shall  take  the  oath  of  office  which 


158  Commission  Chartee  [Title  V. 

shall  be  annexed  to  the  assessment-roll,  and  shall 
sign  such  roll  and  any  revised  roll  or  copy  there- 
of; such  person  shall  receive  such  compensation 
for  his  services  as  may  be  allowed  by  the  council, 
which  shall  be  paid  out  of  the  general  fund. 

"§>  113.  The  assessor  shall  keep  in  his  office 
maps  and  surveys  of  all  the  taxable  real  property 
in  the  city,  certified  by  the  chief  engineer  of  the 
city,  which  maps  and  surveys  shall  show  the  loca- 
tion and  boundaries  of  each  piece  of  taxable  real 
property  as  nearly  as  practicable,  and  the  name 
of  the  owner,  or  of  one  of  the  owners  as  shown  by 
the  conveyance  presented  to  him.  The  assessor 
shall  have  the  power,  and  it  shall  be  his  duty,  to 
make  notations  on  such  maps  and  surveys,  showing 
changes  in  boundaries  and  ownership  of  the  par- 
cels of  land  indicated  thereon,  when  such  changes 
are  made  by  deeds  or  subdivision  maps  filed  for 
record  in  the  office  of  the  clerk  of  Erie  county, 
and  not  otherwise;  and  such  notations  shall  be 
deemed  to  be  a  part  of  such  maps  and  surveys. 
Reference  shall  be  made  to  such  maps  and  sur- 
veys in  the  annual  assessment-rolls,  in  all  local 
assessment-rolls,  in  certificates  of  sale  for  unpaid 
taxes,  in  notices  to  redeem,  and  in  all  conveyances 
of  property  sold  for  unpaid  taxes,  and  said  maps 
and  surveys  shall  be  deemed  a  part  of  said  assess- 
ment-rolls, certificates,  notices  and  conveyances 
of  property  sold.  Reference  to  such  maps  and  sur- 
veys in  assessment-rolls  may  be  made  generally 
in  the  captions  thereto.  Every  deed  or  other  in- 
strument of  conveyance  of  lands  in  the  city  and 
every  subdivision  map  of  land  filed  with  the  clerk 
of  Erie  county,  shall  within  forty-eight  hours  after 
said  filing,  be  presented  by  said  county  clerk  to 
said   assessor  for   the   purpose   of  making   the 


Title  v.]  Commission  Charter  159 

changes  on  his  said  maps  and  surveys  as  provided 
for  herein.  If  said  county  clerk  fails  or  refuses 
to  present  said  deeds  or  maps  as  aforesaid,  he 
shall  be  personally  liable  to  the  city  or  to  any 
person  for  any  damages  caused  by  said  neglect 
or  refusal.  No  map  subdividing  lots  upon  a  new- 
er proposed  street  or  purporting  to  show  or  dedi- 
cate a  new  street  or  proposed  street,  shall  be  filed 
in  the  office  of  said  county  clerk  or  copied  by  said 
assessor  on  his  said  maps  and  surveys,  unless 
there  is  attached  thereto  a  certificate  of  the  de- 
partment of  public  works  that  said  street  has  been 
duly  accepted  by  the  city.  When  lands  have  been 
marked  upon  the  assessor's  maps  in  ink  as  a  pub- 
lic street,  avenue,  alley  or  square,  and  a  map  or 
plot  thereof  has  been  filed  in  the  Erie  county 
clerk's  office  by  the  owner,  showing  the  same  as  a 
public  street,  avenue,  alley  or  square  within  fif- 
teen years  prior  to  the  first  day  of  January,  eigh- 
teen hundred  and  ninety-five,  or  at  any  time  there- 
after or  hereafter,  and  the  same  have  been 
exempted  from  taxation  at  the  instance  or  with 
the  consent  of  the  owner,  or  where  adjacent  lands 
of  the  same  owner  have  been  conveyed  and  taxed, 
bounding  on  any  such  street,  avenue,  alley  or 
square,  the  same  shall  be  deemed  to  have  been 
duly  dedicated  and  accepted  as  such. 


Chapter  2.    Annual  Assessment-roll. 

§  115.  The  assessor  shall  prepare  annual  as- 
sessment-rolls of  each  tax  section,  which  shall  con- 
sist of  two  parts.  The  first  part  shall  contain 
the  valuations  of  all  the  taxable  lands  of  each  tax 
section,  and  in  it  the  assessor  shall  set  down : 


160  Commission  Charter  [Title  V. 

1.  The  names  of  owners  of  the  taxable  lands, 
so  far  as  the  same  can  be  ascertained. 

2.  A  brief  description  of  said  lands  by  refer- 
ence to  the  assessor's  maps  and  surveys,  and  such 
further  description  as  the  assessor  may  deem 
proper. 

3.  The  full  and  true  value  of  said  lands,  exclu- 
sive of  improvements. 

4.  The  full  and  true  value  of  the  improvements 
on  said  lands. 

5.  The  total  value  of  said  lands  and  improve- 
ments. 

The  assessor  shall  also  set  down  in  said  roll 
the  names  of  the  owners  of  special  franchises, 
such  description  of  the  special  franchises  as  fixed 
by  the  state  board  of  tax  commissioners.  If  the 
special  franchise  is  located  in  more  than  one  tax 
section,  it  may  be  set  down  in  the  roll  of  any  tax 
section  in  which  it  is  located.  No  tax  on  real 
property,  or  special  franchises,  shall  be  invalid 
by  reason  of  any  error  or  omission  in  naming  the 
owner  or  owners  in  said  roll,  and  no  tax  upon 
lands  described  by  reference  to  the  assessor's 
maps  and  surveys  shall  be  invalid  by  reason  of 
any  error  in  the  description  of  said  land,  if  it  is 
sufficiently  definite  to  locate  said  land  upon  the 
assessor's  maps  and  surveys.  The  second  part 
shall  contain  the  names  in  alphabetical  order  of 
all  the  inhabitants  of  the  city,  corporations  and 
associations,  deemed  taxable  in  each  ward  or  tax 
section  upon  personal  estate,  and  opposite  to  each 
shall  be  set  dowTi  the  full  value  of  his  or  its  tax- 
able personal  estate.  He  shall  complete  the  rolls 
on  or  before  the  second  day  of  January  in  each 


Title  v.]  Commission  Charter  161 

year  and  immediately  thereupon  publish  a  notice 
in  the  official  paper,  twice  a  week  for  two  weeks, 
that  said  rolls  have  been  completed,  and  may  be 
seen  and  examined  at  his  office,  during  said  month 
of  January.  The  rolls  shall  be  open  to  public 
inspection  during  such  time. 

The  assessor  shall,  prior  to  the  time  the  rolls 
are  open  for  public  inspection,  if  so  required  by 
the  council,  cause  notice  to  be  served  on  all  per- 
sons, associations  and  corporations  which  are 
assessed  therein  upon  personal  property,  except 
bank  stock,  which  notice  shall  be  given  in  the  man- 
ner required  by  the  council,  and  shall  state  the 
amount  of  assessment. 

§  116.  During  such  time  application  may  be 
made  by  any  person  considering  himself  to  be  ag- 
grieved by  the  assessed  valuation  of  his  real  or 
personal  property,  to  have  the  same  corrected. 
If  such  application  be  made  in  reference  to  the 
valuation  of  real  estate,  it  must  be  in  -v^riting,  stat- 
ing the  groimds  of  objection  thereto,  and  there- 
upon the  assessor  shall  examine  into  the  com- 
plaint, and  if,  in  his  judgment,  the  assessment  is 
erroneous,  he  may  cause  the  same  to  be  corrected. 
If  the  application  be  made  in  relation  to  the  as- 
sessed valuation  of  personal  estate,  the  applicant 
shall  be  examined  under  oath  by  the  assessor ;  and 
if,  in  his  judgment,  the  assessment  is  erroneous, 
he  shall  cause  the  same  to  be  corrected. 

^  117.  The  rolls  shall  be  carefully  reviewed 
and  corrected  by  the  assessor.  H'e  shall  make  two 
copies  of  all  rolls  as  revised  and  corrected,  except 
that  it  shall  not  be  necessary  to  include  in  said 
copies  the  separate  valuations  of  said  land  and 
improvements,  and  shall  attach  thereto  a  certifi 


162  Commission  Charter  [Title  V. 

cate  to  the  effect  that  they  are  correct  copies  of 
the  rolls  on  file  in  his  office;  he  shall  retain  one 
copy  of  each  roll  in  his  office,  and  shall  deliver 
one  copy  of  each  roll  to  the  clerk  of  the  board  of 
supervisors  on  or  before  the  first  day  of  October, 
which  shall  be  the  assessment-rolls  of  .the  several 
tax  sections  for  city,  county  and  state  purposes. 

§118.  The  assessor  shall  have  the  power,  at 
any  time  prior  to  the  sale  of  lands  for  the  non- 
payment of  taxes  and  assessments,  to  rectify  any 
error  committed  in  the  making  up  of  the  annual 
assessment-rolls,  and  of  the  assessments  for  local 
improvements,  in  the  following  cases  only : 

1.  "When  the  error  is  entirely  clerical. 

2.  When  there  is  a  mistake  in  the  name  of  the 
party  taxed  or  assessed. 

3.  When  the  real  estate  or  the  improvement 
thereon  shall  be  erroneously  described  or  stated. 

4.  When  the  property  that  has  been  assessed 
is  by  law  exempt  from  assessment  or  taxation. 

5.  When  a  correction  shall  have  been  directed 
to  be  made  in  accordance  with  the  provisions  of 
section  one  hundred  and  sixteen  of  this  act. 

§  119.  When  a  tax  or  assessment  has  been  or 
hereafter  shall  be  imposed  upon  real  property, 
any  owner  or  mortgagee  of  said  property  may 
apply  to  the  assessor  to  have  such  tax  or  assess- 
ment divided  and  apportioned  upon  different 
parts  of  said  property.  If  the  assessor  shall  deem 
it  proper  and  feasible  to  divide  and  apportion 
such  tax,  he  may  make  a  statement  showing  the 
manner  in  which  the  division  and  apportionment 
should  be  made.    At  any  time  prior  to  the  first 


Title  v.]  Commission  Charter  163 

day  of  March  in  the  year  succeeding  the  year 
when  such  tax  or  assessment  became  a  lien  upon 
such  property,  or  on  said  first  day  of  March,  the 
assessor  shall  receive  and  receipt  for  the  tax  or 
assessment  so  divided  and  apportioned,  and  make 
the  proper  entry  thereof  on  the  tax  or  assessment- 
roll.  Thereupon  the  real  property  upon  which 
the  part  paid  is  apportioned  shall  be  discharged 
from  the  lien  of  the  said  tax  or  assessment.  But 
after  said  first  day  of  March  the  assessor  shall 
not  receive  or  receipt  for  any  such  tax  or  assess- 
ment so  divided  or  apportioned,  except  as  herein- 
after and  in  this  section  provided.  Thereafter 
any  such  owner  or  mortgagee  may  present  to  the 
supreme  court,  at  any  special  term  thereof  held 
in  Erie  county,  a  petition  asking  that  such  tax  or 
assessment  be  divided  and  apportioned  upon  dif- 
ferent parts  of  the  property  assessed,  according 
to  the  statement  of  the  assessor  or  otherwise. 
Such  petition  shall  show  the  names  of  all  the  own- 
ers and  mortgagees  of  said  real  property  so  far 
as  the  same  are  known  or  can  be  ascertained.  The 
court  may  by  order  require  the  city  and  the  own- 
ers and  mortgagees  of  the  property  assessed  to 
show  cause  why  such  tax  or  assessment  should 
not  be  divided  and  apportioned.  A  copy  of  such 
order  shall  be  serv^ed  personally  upon  the  corpor- 
ation counsel,  and  upon  all  the  owners  and  mort- 
gagees aforesaid  within  the  state  if  kno\\Ti.  The 
court  shall  give  such  directions  as  to  the  service 
of  nonresidents  and  unknown  parties  as  it  may 
deem  proper.  Upon  the  return  day  of  such  or- 
der to  show  cause  the  court  shall  hear  the  proofs 
and  allegations  of  the  parties  appearing,  and 
shall  make  such  order  as  justice  requires.  If  the 
court  shall  order  the  taxes  or  assessments  divided 


164  Commission  Charter  [Title  V. 

and  apportioned,  it  shall  indicate  the  manner  of 
division  and  apportionment.  A  certified  copy  of 
such  order  shall  be  filed  with  the  assessor.  An 
appeal  from  said  order  may  be  taken  within  ten 
days  from  the  entry  thereof,  but  not  afterward, 
by  any  person  aggrieved.  After  the  lapse  of  the 
time  to  appeal,  any  persons  may  pay  the  tax  or 
assessment  or  any  part  thereof  as  divided,  and 
the  real  property  upon  which  the  part  paid  is  ap- 
portioned shall  be  discharged  from  the  lien  of  the 
said  tax  or  assessment.  All  the  proceedings  with 
reference  to  said  tax  or  assessment  subsequent  to 
such  division  and  apportionment  shall  be  the 
same,  and  with  like  effect  as  though  the  tax  or 
assessment  had  been  originally  imposed  as  direct- 
ed by  said  order,  and  a  proper  entry  shall  be 
made  on  the  tax  or  assessment-roll.  This  section 
shall  apply  to  real  property  heretofore  sold  for 
nonpayment  of  taxes  or  assessments  for  which  a 
deed  has  not  been  delivered,  but  if  such  property 
has  been  sold  to  any  purchaser  other  than  the  city, 
no  order  shall  be  made  as  provided  by  this  section 
if  the  holder  of  the  certificate  of  sale  shall  appear 
and  object  thereto.  No  tax  or  assessment  shall 
be  deemed  invalid  by  reason  of  being  assessed 
upon  real  propertj^  which  has  been  subdivided  or 
different  portions  of  which  are  owned  by  different 
persons,  and  the  remedy  of  such  persons  shall  bo 
confined  to  division  and  apportionment  of  the  tax 
or  assessment  as  in  this  section  provided.  The 
assessor  when  adding  a  local  assessment,  or  in- 
stallment thereof,  to  the  annual  city  taxroUs,  shall, 
if  necessarj^  divide  and  apportion  such  local  as- 
sessment or  installment  upon  the  different  parcels 
of  real  property  separately  described  in  such 
annual  city  taxroll  as  nearly  as  may  be,  and  the 
assessor  shall  make  such  division    and    appor- 


Title  v.]  Commission  Charter  165 

tionment;  and  the  said  assessment  or  install- 
ment shall  be  added  to  the  annual  city  taxrolls 
according  to  such  subdivision  or  apportionment. 
A  local  assessment,  or  installment  thereof,  may  be 
added  to  an  annual  city  tax  in  any  case  where  they 
are  upon  parcels  of  different  boundaries  but  in 
part  the  same.  Any  owner  or  mortgagee  of  said 
property,  or  any  part  thereof,  if  not  satisfied  with 
said  division  and  apportionment,  may  make  appli- 
cation to  the  court  to  have  such  assessment  or 
installment  divided  and  apportioned  as  provided 
in  this  section,  at  any  time  within  ten  months 
after  the  annual  city  tax  in  the  roll  to  which  such 
assessment  or  installment  is  added  becomes  a 
lien. 


Chapteb  3.    Local  Assessments. 

§  125.  The  council  shall,  unless  otherwise  pro- 
vided by  this  act,  estimate  and  fix  the  amount  of 
money  to  be  raised  by  assessment. 

"§  126.  All  assessments  shall  be  made  by  the 
assessor,  and  in  the  order  in  which  they  shall  be 
estimated  and  fixed,  unless  otherwise  directed  by 
the  council. 

<§  127.  The  assessor  shall  assess  the  whole 
amount  ordered  to  be  assessed  upon  the  parcels 
of  land  benefited  by  the  work,  act  or  improve- 
ment in  proportion  to  such  benefit,  except  in  those 
cases  in  which,  by  this  act,  the  assessment  is  to 
be  made  upon  a  different  principle  and  in  those 
cases  he  shall  make  the  assessment  upon  the  prin- 
ciple prescribed  in  each  cas-e  by  this  act. 


166  Commission  Charter  [Title  V. 

^  128.  In  the  assessment-roll,  he  shall  briefly 
describe  the  several  parcels  of  land  assessed  as 
nearly  as  practicable,  and  set  down  the  amount  in 
dollars  and  cents  assessed  on  each  i)arcel. 

§  129.  If  the  name  of  any  person  is  marked 
upon  the  books  in  the  assessor  *s  office  as  the  own- 
er of  any  parcel  the  assessor  shall  enter  it  upon 
the  assessment-roll,  but  his  omission  to  do  so  shall 
not  invalidate  the  assessment,  and  the  inserting 
the  name  of  a  person,  deceased,  alone  or  in  connec- 
tion with  the  words  ''estate  of,"  or  inserting  the 
name  of  a  person  who  is  not  the  owner,  shall  not 
invalidate  such  assessment. 

<§  130.  After  the  roll  is  completed  the  assessor 
shall  publish  in  the  official  paper  notice  thereof, 
and  shall  state  that  the  roll  will  remain  in  the 
office  of  the  assessor,  open  for  inspection  and  re- 
vision, for  ten  days  from  the  publication  of  such 
notice.  Any  number  of  rolls  may  be  included  in 
one  notice.  Siuch  roll,  or  rolls,  shall  remain  open 
for  inspection  and  revision  during  the  time  speci- 
filed  in  the  notice. 

§  131.  Any  person  owning  land  in  the  city,  but 
residing  out  of  it,  may  appoint  in  writing  an  elec- 
tor of  the  city  as  his  agent,  to  take  care  of  the 
taxes  and  assessments  on  his  lands  in  the  city. 
Such  appointment  shall  be  acknowledged.  Upon 
the  presentation  of  such  appointment  to  the 
assessor  he  shall  file  the  same,  and  register  the 
name  of  the  person  making  the  appointment  and 
the  name  of  the  person  appointed,  in  a  book,  to  be 
kept  for  that  purpose.  The  notice  in  such  case 
required  by  the  following  section  shall  be  ad- 
dressed to  such  agent. 


Title  v.]  Commission  Charter  167 

<^  132.  It  shall  be  the  duty  of  the  assessor  to 
procure  and  have  prepared  at  the  expense  of  the 
city,  and  thereafter  keep  the  same  in  his  office  as 
a  part  of  the  records  thereof,  and  accessible  to 
the  inspection  of  the  public,  a  book  or  books  of 
registration  of  suitable  form  and  properly  bound, 
in  which  shall  be  entered  by  the  assessor  opposite 
to  each  parcel  of  land  the  name  and  address  re- 
spectively of  resident  owners  of  lands  lying  in 
said  city,  and  of  agents  who  shall  have  been  ap- 
pointed as  such  in  pursuance  of  the  foregoing 
section,  to  whom  notices  relating  to  the  assess- 
ment-rolls are  to  be  directed  by  the  assessor,  as 
hereinafter  provided.  Such  book  or  books  shall 
be  prepared  in  the  same  form  as  near  as  may  be, 
as  that  in  which  the  annual  assessment-rolls  are 
required  to  be  prepared.  Every  resident  owner 
and  every  such  designated  agent  of  nonresident 
o^^^lers  of  lands  lying  in  said  city  shall  furnish  to 
and  for  the  assessor  at  his  office,  for  the  purpose 
of  having  the  same  registered  as  above  provided, 
his  or  her  name,  together  with  an  address  to  which 
the  notice  to  such  person,  relating  to  the  assess- 
ment-roll, as  provided  for  in  this  section,  is  to  be 
directed  by  the  assessor;  and  each  and  every 
change  of  address  shall  forthwith  be  made  known 
to  the  assessor  by  said  owners  or  agents,  and 
thereupon  said  assessor  shall  enter  in  said  book 
or  books  of  registration  the  changed  address. 
Every  original  or  changed  address  shall  be  ac- 
companied with  a  description  of  each  parcel  of 
land  owTied  by  such  person,  or  the  principal  or 
agent  furnishing  the  same.  The  registers  so  kept 
by  the  assessor  shall  show  the  date  when  the  in- 
formation herein  required  of  the  owners  and 
agents  in  relation  to  their  names  and  residence 
was  furnished  to  the  assessor.    When  an  assess- 


168  Commission  Charter  [Title  V. 

ment  is  to  be  made  by  the  assessor  upon  the  par- 
cels of  land  to  be  benefited  by  the  work,  act  or 
improvement  in  proportion  to  such  benefit,  the 
assessor  shall,  at  least  five  days  before  the  expir- 
ation of  the  time  during  which  the  roll  is  to  re- 
main in  his  hands  for  inspection  and  revision, 
deposit  in  the  post-ofiice  in  said  city,  postage 
prepaid,  a  notice  directed  to  the  persons  whose 
names  shall  be  entered  on  the  roll,  and  which 
notice  shall  state  that  the  roll,  naming  it,  is  on 
inspection,  and  in  every  instance  where  the  per- 
sons so  to  be  notified  shall  have  complied  with  the 
requirements  of  this  section  by  furnishing  to  the 
assessor  their  names,  and  residences  or  place  to 
which  such  notices  are  to  be  directed  by  the  assess- 
or, such  notices  shall  be  directed  to  the  name 
and  such  address  of  the  person  to  be  notified;  in 
every  other  instance  such  notices  shall  be  directed 
simply  in  the  name  of  the  person  to  be  notified  at 
Buffalo,  New  York.  The  validity  or  regularity 
of  the  service  of  any  notice  required  to  be  served 
by  the  provisions  of  this  chapter  shall  not  be  ques- 
tioned or  disputed  by  any  person  who  by  this 
section  is  required  to  furnish  to  the  assessor  for 
registration  his  or  her  name  and  address  who 
shall  refuse,  fail  or  neglect  so  to  furnish  to  the 
assessor  his  or  her  name  and  address,  or  who  shall 
refuse,  neglect  or  fail  to  report  any  and  every 
change  of  address,  should  any  such  be  made,  as 
herein  required. 

§  133.  On  the  application  of  any  person  con- 
ceiving himself  aggrieved,  it  shall  be  the  duty  of 
the  assessor  to  hear  and  examine  his  complaint 
in  relation  to  such  assessment,  and  to  determine 
such  complaint,  subject  to  review  by  the  council. 


Title  v.]  Commission  Charter  169 

§  134.  The  assessor  shall  make  and  sign  a 
copy  of  the  revised  roll,  and  attach  to  it  proof,  by 
affidavit,  of  the  giving  of  the  notices  required  by 
this  act  to  be  given  by  it,  and  deliver  the  same  to 
the  corporation  counsel.  He  shall  thereupon  caus-3 
the  same  to  be  examined  as  to  the  regularity  of 
the  proceedings.  If  they  are  found  to  be  regular 
he  shall  annex  his  certificate  of  the  fact  to  the- 
roll,  and  deliver  it  to  the  city  clerk  to  be  proceeded 
with ;  if  they  are  found  to  be  irregular  he  shall  an- 
nex to  the  roll  his  certificate  of  the  fact,  specify- 
ing in  what  the  irregularity  consists,  and  lay  the 
same  before  the  council.  The  council  may  take 
such  action  thereon  as  it  shall  deem  expedient. 

§135.  When  an  assessment-roll  shall  be  deliv- 
ered to  the  city  clerk  to  be  proceeded  with,  he  shall 
publish  a  notice  in  five  successive  numbers  of  the 
official  paper  (Sundays  and  legal  holidays  except- 
ed), that  the  roll,  naming  it,  is  in  his  office,  and 
that  objections  to  it  may  be  filed  with  him  within 
ten  days  from  the  first  publication  of  the  notice. 
Any  person  interested  in  the  roll  may,  within  the 
time  specified  in  the  notice,  file  with  the  city  clerk 
objections  to  it,  which  objections  shall  be  sub- 
scribed and  verified  by  the  objector  or  his  agent. 
The  city  clerk  may  include  several  rolls  in  the 
same  notice.  If  no  objections  shall  be  filed  within 
said  time,  the  roll  shall  be  deemed  to  be  confirmed, 
and  the  city  clerk  shall  attach  to  it  proof  of  the 
publication  of  the  notice  required  to  be  published 
by  him,  and  his  certificate  that  no  objections  to  it 
have  been  filed  with  him,  and  deliver  the  same  to 
the  assessor. 

^  136.  If  objections  shall  be  filed  with  the  city 
clerk  to  such  roll,  he  sluill,  at  the  first  regular 


170  Commission  Charter  [Title  V. 

meeting  of  the  council  after  the  expiration  of  the 
time  for  filing  objections,  lay  such  roll  and  the  ob- 
jections filed  thereto  before  the  council,  which 
shall,  on  that  day  or  on  such  other  day  or  days 
as  it  shall  appoint,  hear  the  objections  and  con- 
firm the  roll,  or  annul  it,  or  refer  it  back  to  the 
assessor,  to  make  a  new  assessment.  When  the 
Toll  objected  to  is  a  monthly  assessment-roll  for 
work  mentioned  in  section  one  hundred  and  forty- 
four  of  this  act,  the  council  may  confirm  the  roll, 
in  whole  or  in  part,  and  may  make  such  correc- 
tions, changes  and  alterations  on  such  roll  and  in 
the  assessments  therein  as  shall  be  deemed  just 
and  equitable,  and  confirm  it  as  so  corrected  or 
changed.  When  the  council  deems  it  advisable 
to  strike  an  assessment  from  such  monthly  as- 
sessment-roll that  may  be  done,  and  the  assess- 
ment may  be  included  in  a  later  roll. 

§  137.  Whenever  an  assessment  shall  have 
been  sent  back  by  the  council  to  the  assessor  to 
make  a  new  assessment,  the  assessor  shall  forth- 
with proceed  to  make  a  new  assessment,  in  the 
same  manner  as  is  provided  for  original  assess- 
ments. 

§  138.  Upon  the  confirmation  of  any  roll,  the 
city  clerk  shall  attach  to  it  proof  of  the  publica- 
tion of  the  notice  required  to  be  published  by  him, 
and  his  certificate  that  the  roll  has  been  confirmed 
and  deliver  the  same  to  the  assessor. 

§  139.  The  council  may  determine  that  a  street 
or  any  part  thereof  is  not  in  suitable  condition  to 
proceed  with  a  local  improvement  as  a  whole,  and 
may  direct  the  assessor  to  divide  the  assessment- 
roll  made  or  to  be  made  to  defray  the  expense  of 


Title  v.]  Commission  Chartek  171 

such  improvement,  and  make  the  same  in  two  or 
more  parts,  to  be  designated  and  known,  the  first 
as  part  one  and  the  others  by  successive  numbers, 
respectively,  and  may  direct  that  the  assessor 
refrain  from  collecting  one  or  more  parts  for 
such  time  as  the  council  may  direct,  not  exceeding 
one  year,  then  to  be  proceeded  with  pursuant  to 
the  provisions  of  this  act. 

§  140.  In  all  cases  where  the  council  shall  have 
power  to  order  an  assessment,  and  such  assess- 
ment shall  finally  be  declared  void  by  reason  of 
any  irregularities  or  defects  occurring  after  such 
order,  in  an  action  or  proceeding  brought  to  de- 
termine the  legality  of  the  same,  the  assessor  shall 
forthwith  proceed  to  make  a  new  assessment  for 
the  work  or  improvement  for  which  the  void  as- 
sessment was  ordered,  in  the  same  manner  as 
provided  for  original  assessment.  In  case  the  as- 
sessor shall  neglect  for  six  months  to  make  a  new 
assessment,  as  herein  provided,  any  citizen  may 
bring  an  action  to  compel  the  assessor  to  make 
such  new  assessment,  and  the  assessor  shall  be 
liable  for  the  costs  of  such  action. 

"§  141.  No  lands  in  the  city  shall  be  exempt 
from  local  assessments. 

<§  142.  Whenever  any  person  or  corporation 
shall  occupy  any  public  ground  or  place  of  the  city 
by  permission  of  the  council,  such  person  or  cor- 
poration shall  be  assessed  by  the  assessor  for  any 
local  improvement  benefiting  the  ground  or  place 
so  occupied  the  same  amount  he  would  assess  such 
ground  or  place  if  not  so  occupied ;  and  when  such 
occupant  is  so  assessed,  such  public  ground  or 
place  so  occupied  shall  not  be  assessed  for  such 


172  Commission  Charter  [Title  V. 

improvement.  The  city  may  maintain  an  action 
against  any  person  or  corporation  for  the  amount 
of  such  assessment  together  with  the  interest  and 
expenses  thereon  and  the  cost  of  the  action  at  an/ 
time  after  the  assessment  would,  if  it  had  been 
levied  upon  privately  owned  land,  be  added  to  the 
general  tax  roll. 

§143.  The  expense  of  constructing  or  enlarging 
sewers,  receivers,  sidewalks,  repairing  sidewalks, 
grading,  regrading,  and  surfacing  and  resurfac- 
ing, paving  and  repaving  streets  and  alleys,  shall 
be  defrayed  by  local  assessment.  Where  an  ac- 
cepted street  is  repaved  or  resurfaced  two-thirds 
of  the  expense  thereof  shall  be  raised  by  local 
assessment  and  the  remaining  one-third  thereof 
shall  be  paid  out  of  the  general  fund.  The  city 
shall  remove  all  encroachments  upon  and  projec- 
tions over  the  public  grounds,  streets,  alleys  and 
wharves,  and  abate  all  nuisances  and  cause  the  ex- 
pense to  be  assessed  upon  the  land  upon  or  in  front 
of  which  such  encroachments,  projections  or  nui- 
sances were,  or  upon  the  parcels  of  land  benefited 
by  such  removal.  The  city  may  construct,  main- 
tain and  repair  a  city  hall,  markets  and  other 
public  buildings,  bridges  and  reservoirs,  wells 
and  fountains  and  places  for  supplying  the  public 
with  water,  and  docks ;  maintain,  improve  and  em- 
bellish parks,  squares,  open  spaces  and  other  pub- 
lic grounds,  and  defray  the  expense  or  any  part 
thereof,  out  of  the  general  fund  or  by  local  assess- 
ment; but  all  bridges  shall  be  constructed,  main- 
tained and  repaired  out  of  the  general  fund.  The 
council  may  order  any  street  cleaned,  sprinkled 
or  watered  in  addition  to  the  work  already  con- 
tracted for  by  the  city,  and  may  enter  into  a  con- 
tract therefor  upon  a  petition  of  a  majority  of 


Title  v.]  Commission  Charter  173 

the  resident  owners  upon  said  street,  without 
publishing  notice  and  without  adopting  or  pub- 
lishing a  resolution  of  intention  to  order  such 
work  or  improvement,  and  before  the  assessment 
therefor  has  been  confirmed,  and  shall  cause  the 
expense  thereof  to  be  defrayed  by  local  assess- 
ment. 

§  144.  It  shall  be  the  duty  of  the  owner  or  the 
occupant  of  any  premises  in  the  city,  whenever 
such  work  shall  be  ordered  by  a  resolution  of  the 
council,  to  lay  water,  sewer  and  gas  service  pipes 
from  the  main  pipes  in  the  street  in  front  of  such 
premises  to  such  point  beyond  the  curb  line  as 
the  head  of  the  department  of  public  works  may 
determine.  It  shall  be  the  duty  of  such  owner  or 
occupant  to  lay  and  relay  sidewalks  in  front  of 
such  premises  whenever  the  same  shall  be  so,  as 
aforesaid,  ordered,  and  at  all  times  to  keep  and 
maintain  the  sidewalk  in  front  of  such  premises 
in  good  order  and  repair.  The  department  of 
public  Ayorks  shall  notify  the  owner  or  occupant 
of  any  premises  in  front  of  which  any  such  work 
shall  be  required  to  be  done,  that  if  the  same  is 
not  done  by  the  owner  or  occupant  within  ten 
days  the  same  shall  be  done  by  the  city,  and  the 
expense  thereof  will  be  assessed  upon  such  prem- 
ises. Such  notice  may  be  served  personally  or  by 
mailing  the  same  in  the  manner  prescribed  in 
section  one  hundred  and  thirty-two  of  this  act 
for  the  mailing  of  notices  by  the  assessor.  In 
case  any  such  work  shall  not  be  done  within  the 
time  specified  in  such  notice  and  in  case  any  such 
owner  or  occupant  shall  fail  or  neglect  to  keep  the 
sidewalk  in  front  of  any  premises  owned  or  occu- 
pied by  him  in  good  order  and  repair,  the  depart- 
ment of  public  works  may  cause  such  work  to  ha 


174  Commission  Charter  [Title  V. 

done  and  the  expense  thereof  shall  be  a  charge  and 
lien  upon,  and  shall  be  assessed  against  said 
premises.  The  department  of  public  works  shall 
report  all  such  work  so  far  as  possible  to  the  coun- 
cil each  month  and  the  council  shall  order  the 
assessor  to  assess  the  same  upon  said  premises 
and  the  assessor  shall  include  the  same  in  a 
monthly  assessment-roll  entitled  "Assessment- 
roll  for  water,  sew^er  and  gas  connections,  con- 
structing and  repairing  sidewalks  and  removing 
street  obstructions,"  specifying  the  month  and 
year,  and  shall  be  arranged  by  streets  alphabetic- 
ally. Any  such  work  omitted  from  one  monthly 
assessment-roll  shall  be  included  in  the  next. 

§  145.  An  action  may  be  brought  in  any  court 
having  jurisdiction  thereof  to  determine  the  legal- 
ity of  an  assessment  for  local  improvements,  and 
in  such  action  the  owner  of  a  separate  parcel  of 
land  may  unite  with  one  or  more  of  the  owners  of 
other  parcels  assessed  or  attempted  to  be  assessed, 
in  the  same  assessment-roll.  Such  an  action  may 
be  brought  at  the  same  time  as,  or  after,  writ  of 
certiorari  is  granted,  pursuant  to  the  next  sec- 
tion, or  while  certiorari  proceeding  is  pending, 
but  it  must  be  brought  within  one  year  after  said 
assessment  shall  have  become  an  actual  or  appar- 
ent lien  upon  the  property  assessed.  Such  an 
action  may  be  brought  and  maintained,  although 
the  party  or  parties  plaintiff  shall  not  have  ap- 
plied to  the  assessor  to  correct,  amend  or  revise 
the  said  assessment,  and  shall  not  have  filed  any 
objections  to  the  said  assessment-roll;  and  al- 
though the  parties  plaintiff,  or  some  of  them,  have 
paid  their  assessments  upon  said  assessment-roil, 
in  which  case  the  parties  who  have  so  paid  may 
ask  for,  and  in  a  proper  case  the  court  may  order. 


Title  v.]  Commission  Charter  175 

restitution  of  the  amounts  paid  by  them  \vith 
interest.  But  in  such  an  action  no  relief  shall  be 
granted  to  the  plaintiffs  based  upon  any  defects, 
irregularities  or  errors  in  the  said  assessment- 
roll  which  could  have  been  reviewed  and  corrected 
by  a  writ  of  certiorari  issued  pursuant  to  the  next 
section. 

§  146.  A  writ  of  certiorari  may  be  granted  to 
review 'and  determine  the  legality  of  an  assess- 
ment for  local  improvements  by  any  court  of 
competent  jurisdiction  upon  the  application  of 
any  person  or  persons  aggrieved  thereby.  The 
owner  of  a  separate  parcel  of  land  may  unite  with 
one  or  more  owners  of  other  parcels  of  land 
assessed  or  attempted  to  be  assessed  in  the  same 
assessment-roll  in  the  application  for  such  writ. 
Such  writ  shall  be  applied  for  in  the  form  and 
manner,  and  the  subsequent  proceedings  there- 
upon had  shall  comply  with  the  provisions  of 
article  seven  of  title  two  of  chapter  sixteen  of  the 
code  of  civil  procedure,  relating  to  the  writ  of 
certiorari  to  review  the  determination  of  an  in- 
ferior tribunal,  except  as  in  this  section  expressly 
otherwise  provided. 

1.  No  such  application  shall  be  entertained 
unless  the  persons  making  the  application,  or 
some  of  them,  shall  have  previously  made  com- 
plaint in  relation  to  such  assessment  to  the  assess- 
or, pursuant  to  law,  or  shall  have  filed  objections 
to  such  roll  with  the  city  clerk  pursuant  to  law; 
but  the  proceeding  to  review  such  assessment  by 
writ  of  certiorari  shall  not  be  confined  to  any 
grounds  of  complaint  or  objection  which  were 
presented  to  the  said  assessor,  or  in  the  said  ob- 
jections filed  with  the  city  clerk. 


176  Commission  Charter  [Title  V. 

2.  Such  writ  may  be  applied  for  at  any  time 
after  the  said  assesment-roll  shall  have  been  con- 
firmed by  the  resolutions  of  the  council  and  before 
the  expiration  of  two  weeks  from  the  first  publi- 
cation by  the  assessor  of  the  notice  that  collection 
of  the  assessments  contained  in  said  roll  is  to 
begin. 

3.  The  said  writ  of  certiorari  shall  be  directed 
to  the  city  of  Buffalo,  which  shall  be  known  as  the 
defendant.  It  may  be  served  by  delivering  a  copy 
thereof  to  the  mayor  or  the  corporation  counsel, 
and  a  copy  to  the  assessor  or  his  deputy,  unless 
the  court  shall  otherwise  direct.  Only  one  return 
to  said  writ  shall  be  made  and  it  may  be  verified 
by  any  one  or  more  of  said  officers,  or  by  the 
assessor  of  the  city  or  his  deputy.  The  return 
shall  not  be  conclusive.  Upon  the  return  being 
filed,  the  cause  may  be  heard  at  a  special  term  of 
the  court  and  either  party  may  notice  it  for  a 
hearing.  If  upon  the  hearing  it  shall  appear  to 
the  court  that  testimony  is  necessary  to  the  proper 
disposition  of  the  matter,  the  court  may  take  evi- 
dence or  may  appoint  a  referee  to  take  such  evi- 
dence as  the  court  may  direct,  and  report  the  same 
to  the  court,  and  such  testimony  shall  constitute  a 
part  of  the  proceedings  upon  which  the  determina- 
tion of  the  court  shall  be  made. 

4.  The  court  shall  have  power  at  any  stage  of 
the  proceeding  to  order  any  necessary  or  proper 
parties  to  be  brought  in  by  amendment,  upon  such 
terms  as  shall  be  just,  and  to  direct  how  notice, 
if  required,  shall  be  given  to  them  by  personal 
service  or  by  publication,  and  thereafter  all  par- 
ties so  notified  shall  be  bound  by  the  proceeding, 
and  the  court  shall  have  power  to  appoint  an  attor- 
ney to  represent  unknown  or  unrepresented  par- 


Title  v.]  Commission  Charter  177 

ties,  and  to  order  the  reasonable  costs  and  ex- 
penses of  all  parties  so  brought  in,  otherwise  than 
upon  their  own  motion,  to  be  paid  by  the  city. 

5.  If  it  is  established  that  the  assessment  is 
illegal  for  any  reason,  the  court  may  order  that 
said  assessment  be  canceled,  and  the  same  shall 
thereupon  be  canceled  by  the  assessor.  Where 
it  is  alleged  or  established  that  the  said  assess- 
ment is  irregular  or  defective  on  account  of  an 
imperfect  description  of  the  land  sought  to  be 
assessed,  or  any  defect  or  irregularity  which  can 
be  corrected  without  prejudice  to  any  of  the  par- 
ties interested  therein  or  affected  thereby,  tho 
court  may  order  the  assessment-roll  so  corrected 
or  amended  or  may  order  that  the  assessment- 
roll  be  returned  to  the  council  to  annul  or  correct 
it  pursuant  to  law. 

§  147.  Upon  the  confirmation  of  an  assess- 
ment-roll, the  assessor  shall  cause  to  be  published 
in  the  official  paper,  twice  a  week  for  two  weeks, 
a  notice  that  the  assessment-roll  has  been  con- 
firmed, and  that  certiorari  proceedings  may  be 
commenced  by  any  interested  person  to  review 
said  assessment-roll,  at  any  time  within  two  weeks 
from  the  first  publication  of  said  notice.  After 
the  expiration  of  said  period  if  a  writ  of  certio- 
rari has  not  been  applied  for  to  review  said  assess- 
ment-roll, or  if  the  collection  of  said  roll  has  not 
been  stayed  by  the  order  of  a  court  or  judge  in  an 
action  brought  to  test  the  legality  of  any  of  the  as- 
sessments contained  in  said  assessment-roll,  and 
when  the  work  for  which  the  assessment-roll  was 
made  shall  have  been  actually  begun,  the  assessor 
shall  publish  a  notice  in  five  successive  numbers  of 
the  official  paper,  that  any  assessment  contained  in 


178  Commission  Charter  [Title  V. 

said  assessment-roll,  naming  and  describing  it, 
may  be  paid  to  him  at  any  time  before  the  expira- 
tion of  one  month  from  the  first  publication  of 
said  notice,  without  any  addition,  and  that  an 
addition  of  one  per  centum  will  be  added  thereto 
each  month  until  the  assessment  is  placed  upon 
the  general  taxrolls.  The  department  having  the 
work  in  charge  shall  notify  the  assessor  of  the 
beginning  of  any  work.  The  collections  of  said 
assessments  shall  begin  as  provided  in  said  notice. 

§  148.  Upon  the  expiration  of  one  month  from 
the  commencement  of  the  collection  of  said  assess- 
ments the  assessor  shall  add  one  per  centum  to  the 
unpaid  assessments  therein  and  a  like  percentage 
shall,  at  the  end  of  every  month  thereafter,  until 
the  assessments  are  added  to  the  general  taxroll, 
be  added  to  each  unpaid  assessment.  Unpaid 
assessments  which  become  due  two  months  or 
more  prior  to  the  first  day  of  May  of  each  year 
shall  on  said  first  day  of  May  be  added  to  the  gen- 
eral taxrolls  in  the  manner  provided  by  section 
one  hundred  and  five  of  this  act. 

§  149.  The  method  of  paying  such  assessments 
shall  be  the  same  as  that  prescribed  for  the  pay- 
ment of  taxes  of  the  general  taxroll. 

§  150.  All  local  assessments,  when  added  to  the 
general  roll,  shall  be  liens  to  the  same  extent  as 
taxes,  levied  in  the  general  roll,  and  the  same  in- 
terest be  payable  upon  them,  and  the  same  reme- 
dies and  methods  of  collection  shall  apply  to  them 
as  to  such  taxes  under  this  act,  except  as  herein 
otherwise  provided. 

§  151.  Every  assessment  for  local  improve- 
ments   shall    become    a    lien    upon  the  property 


TitU  v.]  Commission  Charter  179 

assessed,  upon  the  first  publication  of  the  first 
notice,  provided  for  in  section  one  hundred  and 
forty-seven  of  this  act. 

§  152.  When  any  work  or  improvement  shall 
be  ordered  by  the  council  the  expense  whereof 
shall  exceed  the  sum  of  five  thousand  dollars,  and 
is  to  be  defrayed  by  money  raised  by  local  assess- 
ment, and  in  any  case  where  such  work  or  im- 
provement shall  be  the  paving  of  a  street  or  alley 
whether  the  expense  thereof  shall  be  more  or  less 
than  five  thousand  dollars,  the  several  assess- 
ments contained  in  any  roll,  made  for  the  purpose 
of  raising  said  money,  shall  be  divided  into  five 
equal  annual  installments.  The  first  installment 
shall  be  due  and  payable  from  and  after  the  time 
specified  in  section  one  hundred  and  forty-seven 
of  this  act  for  the  collection  of  assessments ;  and 
the  remaining  installments  in  one,  two,  three  and 
four  years  from  said  date.  The  second,  third, 
fourth  and  fifth  installments  shall  bear  interest 
at  the  rate  of  five  per  centum  per  annum  from  said 
date,  until  they  shall  severally  become  due  and 
payable.  Monthly  additions  of  interest  shall  be 
made  to  each  due  and  unpaid  installment  as  pro- 
vided for  other  local  assessments  commencing 
one  month  after  said  installment  shall  become  duo 
and  payable. 

^  153.  The  assessor  shall  proceed  with  the  col- 
lection of  said  roll  in  the  manner  provided  for 
other  assessments.  On  the  first  day  of  May  of 
each  year  he  shall  add  to  the  general  taxrolls  each 
unpaid  installment  with  the  addition  thereto 
which  shall  have  become  due  ^lore  than  two; 
months  prior  thereto,  in  the  manner  specified  in 
section  one  hundred  and  five  of  this  act.    Annual 


180  Commission  Charter  [Title  V. 

interest  shall  be  paid  to  the  assessor  on  all  unpaid 
installments  at  the  time  any  of  them  shall  become 
due  and  said  assessor  shall  not  receive  payment  of 
any  installment  after  the  first  unless  interest  then 
due  on  all  instalhnents  shall  be  paid  at  the  same 
time.  If  the  annual  interest  is  not  paid,  such  in- 
terest, together  with  the  installment  then  due, 
shall  be  added  to  the  general  taxroU  for  the  year. 

§  154.  Whenever  any  work  or  improvement 
shall  be  or  shall  have  been  ordered,  by  the  council, 
the  expenses  w^hereof  shall  exceed  the  sura  of  five 
thousand  dollars,  and  is  to  be  defrayed  in  whole 
or  in  part  by  money  raised  by  local  assessment, 
and  in  any  case  where  such  work  or  improvement 
shall  be  the  paving  or  repaving  of  am^  street  or 
alley,  whether  the  expense  shall  be  more  or  less 
than  five  thousand  dollars,  the  council  may,  after 
such  local  assessment-roll  shall  have  been  con- 
firmed, authorize  the  issue  of  bonds  to  an  amount 
not  exceeding  four-fifths  of  said  expense.  Such 
bonds  shall  draw  interest  at  a  rate  to  be  fixed  by 
the  council,  and  shall  be  payable  one-fourth  in  one 
year,  one-fourth  in  two  years,  one-fourth  in  three 
years,  and  one-fourth  in  four  years  from  and  after 
the  first  day  of  the  next  calendar  month  succeed- 
ing the  confirmation  of  said  assessment-roll.  All 
warrants  drawn  in  payment  of  any  local  work  or 
improvement  above  specified  shall  be  payable, 
four-fifths  out  of  the  proceeds  of  such  bonds  and 
one-fifth  out  of  moneys  collected  upon  the  first 
installment  of  the  assessment-roll  made  therefor. 
If  sufficient  moneys  have  not  been  realized  upon 
the  first  installment  of  such  assessment-roll  to 
pay  the  warrants  so  drawn  against  said  roll,  or  if 
sufficient  moneys  have  not  been  realized  upon  any 
other  installment  to  pay  said  bonds  when  the  same 


Title  v.]  Commission  Charter  181 

shall  be  due  and  payable,  the  city  may  temporarily 
borrow  a  sum  sufficient  to  pay  the  same,  and  all 
moneys  thereafter  realized,  on  account  of  said 
assessment-roll  or  from  sales  for  nonpayment  of 
assessments  therein,  shall  be  used  and  are  hereby 
pledged  to  the  payment  of  the  amount  so  bor- 
rowed, and  for  the  payment  of  such  bonds. 

§  155.  Whenever  the  council  shall  order  the 
construction  of  any  main  sewer  or  branch  sewer 
in  any  sewer  district  of  the  city,  which  is  not 
already  provided  with  main  and  branch  and  lat- 
eral sewers,  and  where  it  is  proposed  according  to 
the  plan  of  drainage  adopted  for  that  sewer  dis- 
trict or  territory  by  the  department  of  public 
works  that  the  side  sewer  shall  be  extended  in  the 
future  by  branch  sewers  and  lateral  sewers,  or 
either,  so  as  to  reach  territory  not  immediately 
drained  by  it,  and  the  expense  of  constructing 
said  sewer  shall  exceed  forty  thousand  dollars, 
which  facts  shall  be  certified  to  the  council  for  its 
information  with  or  Avithout  its  request,  by  the  de- 
partment of  public  works,  and  shall  be  deemed  for 
all  purposes  to  be  established  by  such  certificate, 
the  council  may,  in  its  discretion,  by  a  vote  of  four- 
fifths  of  its  members  direct  that  the  expenses  of 
constructing  said  sewer  or  so  much  thereof  as  is 
to  be  raised  by  local  assessment,  shall  be  assessed 
upon  the  property  benefited  thereby,  and  that  the 
several  assessments  contained  in  any  roll  made 
for  the  purpose  of  raising  said  money  shall  be 
divided  into  not  less  than  five,  and  not  more  than 
fifteen,  equal  annual  installments,  specifying  the 
number  of  such  installments,  and  the  said  assess- 
ments contained  in  any  such  roll  shall  thereupon 
be  payable  in  equal  annual  installments,  accord- 
ing to  such  direction.    The  several  installments 


182  Commission  Charter  [  Title  V. 

of  the  assessments  in  such  extended  installment- 
rolls  shall  become  due  and  payable,  and  shall  draw 
interest  in  the  same  manner  as  is  provided  in 
section  one  hundred  and  fifty-two  of  this  act  for 
the  five  year  installment-rolls,  and  unpaid  install- 
ments shall  be  added  to  the  annual  taxrolls,  and 
any  default  in  the  payment  of  annual  interest  shall 
have  the  same  result  as  is  provided  in  said  section 
one  hundred  and  fifty-three  and  all  the  provisions 
of  said  sections  one  hundred  and  fifty-two 
and  one  hundred  and  fifty-three  with  refer- 
ence to  the  five  year  installment-rolls,  shall  be 
applicable  to  said  extended  installment-rolls  ex- 
cept that  the  assessment  shall  be  divided 
into  the  number  of  annual  installments  so 
directed  by  the  council.  In  case  the  council 
shall  so  direct  anj^  assessment-roll  to  be  extended 
over  a  period  of  more  than  five  years,  the  bonds 
authorized  to  be  issued  by  section  one  hundred 
and  fifty-four  hereof,  in  anticipation  of  the  pay- 
ment of  the  installments  upon  any  installmeni- 
roll,  may  be  issued  to  an  amount  equal  to  the  total 
amount  of  said  assessment-roll,  less  one  install- 
ment, and  said  bonds  shall  be  made  payable  in 
annual  installments  covering  the  same  period  that 
is  fixed  for  the  pajTuent  of  assessments  in  said 
roll,  and  all  other  provisions  of  said  section  one 
hundred  and  fifty-four,  relating  to  the  issue  of 
said  bonds  in  payment  of  any  such  local  work  or 
improvement  shall  be  modified  accordingly,  so  as 
to  extend  over  the  entire  period  during  which  such 
installments  are  payable.  This  section  shall  apply 
to  any  assessment-roll  already  made,  but  not  yet 
confirmed  by  the  council. 

<^  156.    In  case  an  assessment  shall  prove  to  be 
insufficient  to  defray  the  expense    of    the    work 


Title  v.]  Commission  Charter  183 

or  improvement  for  which  it  was  made,  the  coun- 
cil shall  determine  the  amount  of  such  deficiency, 
and  may  direct  the  assessor  to  apportion  the  same 
ratably  upon  the  assessment  in  the  assessment- 
roll.  The  assessor  shall  make  an  assessment-roll 
accordingly. 


ARTICLE  III. 

Collection  of  Taxes  and  Assessments. 

<§  165.  All  taxes  and  assessments  shall  be  a  lien 
upon  the  lands  upon  which  they  are  assessed,  from 
the  time  of  the  publication  by  the  assessor  of  the 
notice  that  they  may  be  paid,  as  provided  in  sec- 
tions one  hundred  and  six  and  one  hundred  and 
forty-seven  hereof,  until  paid.  The  taxes  and 
assessments  upon  the  general  taxrolls  may  be  paid 
and  shall  have  priority  in  the  inverse  order  of 
time  in  which  they  become  liens.  All  taxes  and 
assessments  which  are  liens  upon  the  first  day  of 
June,  nineteen  hundred  and  ten,  or  which  shall 
thereafter  become  liens  upon  the  lands  upon  which 
they  are  assessed,  shall  continue  to  be  liens  as 
provided  in  this  section  until  paid. 

§  166.  The  collection  of  every  assessment  and 
of  every  tax  upon  real  estate,  with  the  interest 
and  additions,  may  be  enforced  by  a  sale  of  the 
real  estate  by  the  assessor.  Such  sale  shall  take 
place  not  later  than  the  thirtieth  day  of  June  in 
every  year. 

§  167.  When  the  returned  taxes  and  assess- 
ments are  upon  the  same  parcel  of  land,  such  par- 
cel shall  not  be  sold  for  less  than  the  aggregate 
amount  of  them,  but  when  they  are  upon  parcels 


184  Commission  Charter  [Title  V. 

of  different  boundaries,  although  in  part  the  same, 
each  parcel  shall  be  sold  separately. 

<§  168.  The  assessor  shall  cause  to  be  published 
twice  in  each  week,  for  three  weeks,  in  the  official 
paper,  a  list  or  statement  of  the  real  estate 
charged  with  the  payment  of  such  taxes  and 
assessments,  with  additions,  fees,  interest  and 
expenses,  and  so  liable  to  be  sold,  and  also  a  notice 
that  the  said  real  estate  will,  on  a  day  at  the  ex- 
piration of  the  said  three  weeks,  to  be  specified  in 
such  notice,  and  the  succeeding  days,  be  sold  at 
public  auction  to  the  highest  bidder,  at  the  city 
and  county  hall  in  the  said  city  of  Buffalo,  to  pay 
the  taxes,  additions,  fees,  interest  and  expenses 
thereon  which  may  remain  unpaid  at  the  time  of 
such  sale ;  the  expense  of  publishing  such  list  and 
notices  shall  not  exceed  the  sum  of  one  dollar 
for  each  parcel  of  land  so  advertised.  On  the  day 
named  in  said  notice,  the  said  assessor  shall  com- 
mence the  sale  of  said  real  estate  at  auction  to  the 
highest  bidder,  and  shall  continue  such  sale  from 
day  to  day  until  the  whole  thereof  shall  be  sold; 
but  the  owner  of  any  piece  of  land  or  his  repre- 
sentative, may  redeem  the  same  at  any  time  before 
the  actual  sale  thereof,  by  paying  the  tax  or  taxes 
for  which  it  is  to  be  sold,  with  all  accrued  interest 
additions,  fees  and  expenses.  It  shall  be  the  duty 
of  the  assessor  to  bid  in  for  the  city  all  parcels  of 
real  estate  at  such  sale,  which  shall  not  be  pur- 
chased by  any  other  person  at  a  rate  sufficient  to 
pay  the  taxes  for  which  the  land  is  to  be  sold,  wit  a 
all  the  accrued  interest,  additions,  fees  and  ex- 
penses. 

<§  169.  If  the  real  estate  shall  sell  for  more  than 
the  amount  of  the  tax,  interest,  additions  and  ex- 


Title  v.]  Commission  Charter  185 

penses  aforesaid,  the  surplus  shall  be  paid  over 
by  the  assessor  to  the  supreme  court,  by  deliver- 
ing the  same  to  the  county  treasurer  of  Erie 
county,  and  such  court  shall  ascertain  and  deter- 
mine who  is  entitled  to  such  money,  and,  if  it  shall 
appear  that  such  proceedings  are  valid  and  regu- 
lar, order  and  decree  its  distribution  and  payment 
to  the  person  or  persons  entitled  thereto.  And  if 
any  of  such  surplus  shall  remain  unclaimed  in  said 
court  for  a  period  of  ten  years,  the  same,  with 
accrued  interest  thereon,  shall,  on  application  of 
the  corporation  counsel,  and  after  publication  of 
notice  that  such  application  has  been  made  in  the 
official  paper  for  ten  successive  issues  thereof, 
Sunday  and  legal  holidays  excepted,  be  paid  to 
the  treasurer  of  the  city. 

§  170.  The  purchasers  at  such  sale  shall  pay 
the  amounts  of  their  respective  bids  to  the  as- 
sessor within  forty-eight  hours  after  the  sale,  and 
thereupon  the  assessor  shall  execute  to  each  pur- 
chaser, including  the  city,  a  certificate  in  writing, 
which  shall  contain  a  description  of  the  real  estate 
purchased,  the  amount  paid  therefor,  the  date  of 
the  sale,  and  that  the  same  was  sold  for  unpaid 
city  taxes  and  assessments.  Such  purchaser  or 
his  legal  representative  or  assigns  may,  upon  r3- 
ceiving  such  certificate,  by  virtue  thereof,  and  of 
this  act,  lawfully  hold  and  enjoy  for  his  and  their 
own  proper  use  and  benefit,  and  the  use  and  bene- 
fit of  his  and  their  heirs  and  assigns  forever,  the 
real  estate  described  in  said  certificate,  unless  the 
same  shall  be  redeemed  as  hereinafter  provided. 
And  he  and  his  heirs  and  assigns  may,  at  any  time 
after  the  time  limited  in  section  one  hundred  and 
seventy-two  of  this  act  for  the  redemption  of  such 
premises  shall  have  expired,  and  the  notice  therein 


186  Commission  Charter  [Title  V. 

provided  for  been  given,  and  said  premises  shall 
not  have  been  redeemed  as  therein  provided,  and 
not  before,  obtain  actual  possession  of  the  prem- 
ises by  an  action  at  law  or  by  causing  the  occu- 
pant of  such  real  estate  to  be  removed  therefrom, 
and  the  possession  thereof  to  be  delivered  to  him 
in  the  same  manner,  and  by  the  same  proceedings, 
by  and  before  the  same  officers  as  in  the  case  of  a 
tenant  holding  over  after  the  expiration  of  his 
term  without  permission  of  his  landlord. 

<^  171.  The  city  shall  borrow,  for  a  time  not 
exceeding  five  years,  money  sufficient  to  pay  its 
purchasers  at  such  tax  sale,  and  place  in  the  city 
treasury,  to  the  credit  of  each  tax  and  assessment 
for  which  sales  were  made,  its  portion.  All 
moneys  received  on  the  redemption  of  lands  struck 
off  to  the  city  at  such  sale,  or  for  assignments  of 
certificates  of  sale,  shall  constitute  a  fund  for  the 
payment  of  the  money  borrowed.  The  method 
of  retiring  such  bonds  as  shall  be  issued  under 
this  section  shall  be  determined  by  the  council, 
and  any  deficiency  in  the  sums  needed  to  retire 
said  bonds  shall  be  raised  by  general  taxation. 

§  172.  The  owner  of,  or  any  person  interested 
in,  or  having  a  lien  upon  any  real  estate  sold  for 
taxes  and  assessments  as  aforesaid,  may  redeem 
the  same  at  any  time  mthin  nine  months  after 
the  date  of  such  sale  by  paying  to  the  assessor 
for  the  use  of  the  purchaser  upon  such  sale,  his 
heirs  and  assigns,  the  sum  mentioned  in  the  certi- 
ficate given  to  him  and  the  interest  on  the  amount 
of  tax,  additions,  fees,  interest  and  expenses,  at 
the  rate  of  twelve  per  centum  per  annum,  and  oa 
the  balance  of  said  sum  at  the  rate  of  six  per 
centum  per  annum,  to  be  calculated  from  the  date 


Title  v.]  Commission  Charter  187 

of  such  certificate,  and  in  case  such  redemption 
shall  be  made  after  nine  months  and  before  two 
years  after  the  date  of  such  sale  a  further  sum 
of  ten  dollars  to  pay  for  the  expenses  of  searching, 
and  publishing  and  serving  the  notices  herein  pre- 
scribed. After  the  expiration  of  two  years  from 
the  date  of  sale  the  assessor  may  receive  the  de- 
posits last  above  set  forth,  but  shall  not  record 
the  redemption  of  such  lands  until  the  certificate 
issued  by  him  upon  such  sale  shall  be  returned  to 
him  canceled  by  the  purchaser  or  his  assigns,  or 
its  loss  proven.  Notice  shall  be  given  by  the  pur- 
chaser of  any  real  estate  sold  for  taxes  under  the 
provisions  of  this  act  to  the  occupant,  owner  in 
fee,  registered  agent  of  the  owner,  attorney  in  fact 
whose  power  of  attorney  is  recorded,  trustee, 
mortgagee,  or  his  registered  tax  agent,  judgment 
creditor  or  purchaser  upon  any  other  city  tax  sale 
of  the  same  property  whose  certificate  is  a  lien  on 
said  premises,  and  the  heirs  and  assigns  of  any  or 
either  of  them,  and  the  guardian  of  any  infants 
having  any  interest  therein,  and  on  any  other 
person  having  a  lien  or  claim  on  the  premises 
affected  by  such  sale,  at  any  time  after  the  expira- 
tion of  nine  months  from  the  date  of  such  sale, 
except  that  it  shall  not  be  necessary  to  serve  such 
notice  upon  the  city  of  Buffalo  or  the  county  of 
Erie,  or  the  holders  of  county  tax  sale  certificate. 
Such  notice  shall  either  be  written  or  partly  writ- 
ten and  partly  printed,  and  shall  state  briefly  the 
lot  or  parcel  of  land  to  be  redeemed,  the  amount 
due  at  the  time  of  sale,  the  amount  for  which  the 
property  was  sold  and  the  expenses  of  making 
searches  thereon,  the  last  day  of  redemption  of 
any  such  real  estate  and  the  office,  or  place  and 
hours  when  and  where  the  money  for  such  re- 


188  Commission  Charter  [Title  V. 

demption  can  be  paid,  which  office  or  place  of  busi- 
ness shall  be  in  the  city  of  Buffalo,  and  which 
hours  shall  be  between  nine  o'clock  in  the  fore- 
noon and  four  and  one-half  o'clock  in  the  after- 
noon. The  last  day  of  redemption  to  be  speci- 
fied in  said  notice  shall  be  not  less  than  three 
months  from  the  day  of  service  of  the  same  nor 
prior  to  two  years  from  the  date  of  such  sale. 
Such  notice  shall  be  served  personally  or  left  with 
some  person  of  suitable  age  and  discretion  at  the 
residence  or  place  of  business  of  any  and  all  per- 
sons entitled  to  such  notice,  if  they  or  any  of  them 
reside  in  the  city  or  have  a  place  of  business  there- 
in ;  and  in  case  they  or  any  of  them  do  not  reside 
or  have  a  place  of  business  in  said  city  then  such 
notice  shall  be  deposited,  postage  paid,  in  the 
post-office,  addressed  to  them  at  the  post-office  at 
or  nearest  to  their  known  place  of  residence ;  and 
if  the  residence  or  address  of  any  such  person  or 
persons  be  not  known  to  the  holder  of  such  certi- 
ficate, then  such  notice  shall  be  deposited,  postage 
paid,  in  the  post-office  addressed  to  them  at  the 
post-office  at  or  nearest  to  their  reputed  place  of 
residence,  and  if  after  diligent  inquiry  no  informa- 
tion can  be  obtained  as  to  their  last-reputed  place 
of  residence,  then  said  notice  shall  be  deposited, 
postage  paid,  in  the  post-office,  addressed  to  them 
at  Buffalo,  New  York.  The  expenses  of  mailing 
serving  and  publishing  such  notice  shall  be  added 
to  and  become  a  part  of  the  amount  required  to 
be  paid  for  the  redemption  of  such  real  estate. 
The  assessor  may  advertise,  in  the  manner  pre- 
scribed by  the  council,  for  bids  from  the  clerk  of 
Erie  county,  and  from  companies  making  guaran- 
teed searches,  or  tax  and  title  searches,  for  the 
use  of  the  city  and  the  other  purchasers  of  land«? 


Title  v.]  Commission  Charter  189 

at  tax  sales,  which  searches  shall  set  out  in  full 
all  the  facts  necessary  to  enable  the  holder  of  the 
tax  sale  certificates  to  serve  the  notices  herein 
required.  The  price  of  said  searches  shall  not 
exceed  ten  dollars  for  a  complete  tax  and  title 
search,  and  two  dollars  and  fifty  cents  for  a  con- 
tinuation thereof.  The  assessor  is  authorized  to 
reject  any  or  all  bids  which  in  his  opinion  are 
made  by  bidders  who  are  not  responsible.  Hold- 
ers of  tax  sale  certificates  other  than  the  city  shall 
also  be  entitled  to  order  said  searches  under  said 
bid  as  desired  at  the  price  fixed  by  said  bid. 

§  173.  If  such  real  estate,  or  any  part  thereof, 
be  not  redeemed  as  herein  provided,  the  assessor 
shall  execute  to  the  purchaser,  including  the  city, 
its  or  his  heirs,  successors  or  assigns,  upon  sur- 
render of  said  certificate  and  upon  the  purchaser's 
taking  and  paying  for  an  assignment  of  all  out- 
standing prior  tax  liens  held  by  the  city  upon  the 
premises,  a  conveyance  of  the  real  estate  so  sold, 
which  conveyance  shall  vest  in  the  grantee  an 
absolute  estate  in  fee,  subject  to  all  claims  which 
the  city  may  have  thereon  for  tax  or  other  liens  or 
incumbrances.  The  assessor  shall  be  entitled  to 
demand  and  receive  from  such  grantee,  for  the  use 
of  the  city,  the  sum  of  one  dollar  for  preparing 
such  conveyance.  Every  such  conveyance  shall  be 
attested  by  the  mayor  and  signed  by  the  city  clerk, 
and  the  seal  of  the  city  attached  thereto,  and  when 
so  executed  shall  be  conclusive  evidence  that  the 
sale  was  regular,  and  also  presumptive  evidence 
that  all  proceedings  prior  to  the  sale,  from  and 
including  the  assessment  of  the  lands  sold,  and 
that  all  notices  required  by  law  to  be  given  pre- 
vious to  the  expiration  of  the  time  allowed  by  law 
for  the  redemption  thereof  were  regular  according 


190  Commission  Charter  [Title  V. 

to  law,  and  the  provisions  of  this  act.  After  six 
years  from  the  date  of  record  of  any  such  convey- 
ance in  the  Erie  county  clerk's  office,  such  pre- 
sumption shall  be  conclusive.  Every  certificate  or 
conveyance  executed  in  pursuance  of  this  act  may 
be  recorded  in  the  same  manner  and  with  like 
effect  as  a  deed  acknowledged  or  proved  before 
any  officer  authorized  by  law  to  take  proof  and 
acknowledgment  of  deeds. 

§  174.  The  holder,  including  the  city,  of  any 
certificate  of  sale  heretofore  executed  by  the  comp- 
troller of  the  city,  or  hereafter  executed  by  the 
assessor,  instead  of  taking  a  conveyance  of  the 
property  purchased,  may  recover  the  amount  paid 
therefor  as  in  such  certificate  mentioned  with  all 
interest,  additions  and  expenses  allowed  by  law, 
and  for  that  purpose  may  maintain  an  action  in 
the  supreme  court  or  in  the  county  court  of  Erie 
county  to  sell  such  real  property.  Jurisdiction 
of  such  action  is  hereby  conferred  upon  said 
county  court. 

§  175.  The  action  provided  for  in  the  last  sec- 
tion may  be  commenced  at  any  time  after  five 
years  from  the  date  of  sale  mentioned  in  the  cer- 
tificate of  sale ;  and  all  the  provisions  of  law  and 
the  rules  of  practice  relating  to  actions  for  the 
foreclosure  of  mortgages  shall  apply  to  the  action 
hereby  authorized  so  far  as  practicable  except  as 
herein  otherwise  provided.  It  shall  be  sufficient 
for  the  plaintiff  to  set  forth  in  his  complaint  in 
such  action  a  copy  of  or  the  substance  of  his  cer- 
tificate of  sale,  and  the  interest,  additions,  and 
expenses  claimed  by  him,  with  a  statement  that  the 
premises  described  in  the  certificate  have  not  been 
redeemed  from  or  conveyed  pursuant  to  the  sale 


Title  v.]  Commission  Charter  191 

therein  mentioned,  and  that  the  plaintiff  elects  to 
recover  as  herein  provided,  also  that  the  defend- 
ants have  or  may  have  some  interest  in  or  lien 
upon  the  property  affected  by  the  action. 

§  176.  The  plaintiff  in  such  action  shall  include 
and  join  therein  and  may  likewise  recover  upon  all 
prior  and  subsequent  certificates  of  sale  held  by 
him  executed  by  the  comptroller  or  assessor  or  by 
the  treasurer  of  Erie  county,  relating  to  the  same 
real  property  in  whole  or  in  part.  He  may  include 
and  join  in  one  action  all  such  certificates  of  sale 
relating  to  two  or  more  separate  and  distinct 
parcels  of  real  property  belonging  to  the  same 
person.  He  shall  make  parties  to  the  action  the 
city  of  Buffalo,  the  county  of  Erie,  the  owner  of 
and  all  other  persons  interested  in  the  real  prop- 
erty affected,  or  any  part  thereof,  including  the 
holders  of  all  other  prior  and  subsequent  certifi- 
cates of  sale  as  shown  by  the  records  in  the  assess- 
or's and  county  treasurer's  offices.  The  people 
of  the  state  may  be  made  a  party  to  such  action  the 
same  as  a  natural  person,  and  the  summons  shall 
be  served  on  the  attorney-general  who  shall  ap- 
pear on  behalf  of  the  state. 

§  177.  The  defendants  in  said  action,  including 
the  city,  and  the  county  of  Erie,  who  are  the  hold- 
ers of  certificates  of  sale  shall  be  paid  from  the 
proceeds  of  sale  the  several  amounts  paid  for  the* 
real  estate  purchased  as  mentioned  and  described 
in  the  certificates  of  sale  held  by  them,  with  all 
interest,  additions  and  expenses  allowed  by  law, 
so  far  as  the  said  proceeds  shall  suffice  to  pay  the 
same,  in  the  order  of  the  lawful  priority  of  the 
liens  and  the  interests  of  the  respective  parties 
in  and  against  the  premises  as  the  seme  may  be 


192  Commission  Charter  [  Title  V. 

determined  in  the  action.  It  shall  be  sufficient  for 
any  such  defendant  to  set  forth  in  his  answer  his 
certificate  of  sale  or  the  substance  thereof  with 
the  other  allegations  in  effect  as  herein  provided 
with  regard  to  the  complaint  in  the  action.  A 
defendant  alleging  irregularity  or  invalidity  in 
any  tax,  assessment,  or  sale  shall  particularly 
specify  in  his  answer  such  irregularity  or  invalid- 
ity. 

§  178.  The  court  shall  have  full  power  to  deter- 
mine and  enforce  in  all  respects  the  rights,  claims 
and  demands  of  the  several  parties  to  said  action, 
including  the  rights,  claims  and  demands  of  the 
defendants  as  between  themselves,  to  direct  a  sale 
of  such  real  property  and  the  distribution  or  other 
disposition  of  the  proceeds  of  sale.  Any  party  to 
the  action,  including  the  city,  and  the  county  of 
Erie,  may  become  the  purchaser  on  any  such  sale. 

<§>  179.  Every  certificate  of  sale  on  which  the 
holder  shall  elect  to  recover  as  herein  provided 
shall  presumptively  be  valid  and  shall  be  presump- 
tive evidence  that  the  sale  was  regular  and  valid 
and  that  all  previous  steps  and  proceedings  re- 
quired by  law  were  duly  had  and  taken.  No  such 
certificate  of  sale  and  no  tax  or  assessment  for  the 
nonpajTiient  of  which  the  same  was  executed  shall 
be  deemed  invalid  or  impaired  on  account  of  any 
irregularity  or  illegality  therein,  or  in  the  proceed- 
ings relating  thereto,  unless  it  is  sho^vn  that  the 
person  complaining  thereof  has  suffered  actual 
injury  therefrom,  and  then  only  to  the  extent  of 
such  injury,  and  no  such  tax,  assessment  or  certi- 
ficate of  sale  shall  be  deemed  invalid  or  impaired 
on  account  of  any  error  or  omission  in  the  descrip- 
tion of  the  property  assessed  or  sold  if  the  descrip- 


Title  v.]  Commission  Charter  193 

tion  is  suflScient  to  identify  such  property  with 
reasonable  certainty. 

§  180.  The  remedy  herein  provided  shall  be  in 
addition  to  all  other  remedies  allowed  by  law  with 
regard  to  certificates  of  sale,  and  shall  not  be  de- 
pendent upon  them,  or  any  of  them,  and  may  be 
had  whether  notice  to  redeem  has  been  given  or 
not;  provided,  however,  that  nothing  in  this  act 
contained  shall  be  held  to  revive  or  validate  any 
claim  or  demand,  the  enforcement  of  which  other- 
wise is  barred  by  lapse  of  time. 

§  181.  A  conveyance  made  pursuant  to  a  judg- 
ment in  any  action,  brought  as  herein  provided, 
shall  vest  in  the  purchaser  all  right,  title,  interest, 
claim,  lien  and  equity  of  redemption  in  and 
against  the  premises  sold,  of  all  the  parties  to  tho 
action,  and  of  all  persons  claiming  under  them, 
or  any  or  either  of  them,  subsequent  to  the  filing 
of  a  notice  of  pendency  of  the  action,  or  whose 
conveyance  or  incumbrance  is  subsequent  or  is 
subsequently  recorded,  except  subsequent  taxes 
and  assessments  and  sales  on  account  thereof,  and 
except  taxes  and  assessments  which  were  liens  on 
the  premises  at  the  time  of  the  filing  of  a  notice  of 
pendency  of  the  action,  but  for  the  nonpayment 
of  which  no  sale  had  been  had  prior  thereto,  and 
any  sales  on  account  of  such  taxes,  and  all  such 
parties  and  persons  shall  be  barred  and  forever 
foreclosed  by  the  judgment  in  said  action  of  all 
right,  title,  interest,  claim,  lien  and  equity  of  re- 
demption in  and  to  the  premises  sold,  or  any  part 
thereof,  except  as  aforesaid.  The  judgment  in 
any  such  action  may  direct  the  cancellation  or 
satisfaction  of  record  of  taxes,  assessments  or 
other  claims  of  any  of  the  parties  to  the  action. 


194  Commission  Chaetee  [Title  V. 

§  182.  The  court  may  in  its  discretion  desig- 
nate the  assessor  as  the  officer  to  make  sale  of  real 
property  in  any  action  brought  as  herein  provided, 
and  the  assessor  shall  serve  without  charge.  Un- 
less the  judgment  otherwise  directs,  the  officer 
making  the  sale  must,  out  of  the  proceeds,  first 
pay,  as  a  part  of  the  expenses  of  the  sale,  all  taxes 
and  assessments  which  are  liens  upon  the  prop- 
erty sold,  but  which  have  become  such  subsequent 
to  the  filing  of  notice  of  pendency  of  the  action, 
or  for  the  nonpayment  of  which  no  sale  has  been 
had  prior  thereto,  and  redeem  the  property  sold 
from  any  sales  for  unpaid  taxes  and  assessments 
which  were  had  subsequent  to  the  filing  of  such 
notice  of  pendency.  The  plaintiff's  costs  and 
allowances,  exclusive  of  disbursements,  shall  not 
exceed  fifteen  dollars  if  he  recovers  less  than 
fifty  dollars  or  twenty-five  dollars  if  he  recovers 
more  than  fifty  dollars  and  less  than  five  hundred 
dollars  unless  in  such  case  the  court  shall  in  its 
discretion  otherwise  direct,  after  the  trial  of  an 
issue  raised  by  an  affirmative  allegation  in  a  veri- 
fied pleading  in  the  action,  in  substance  or  effect, 
that  the  lien  or  interest  claimed  by  any  part  of 
the  action  in  the  property  described  in  the  com- 
plaint is  invalid. 

§  183.  The  corporation  counsel  may  have  made 
such  tax  and  title  searches  of  each  parcel  of  land 
involved  in  any  action  brought  as  hereinbefore 
provided,  to  which  the  city  is  a  party,  as  he  deems 
best  in  the  city's  interest.  Whenever  the  city  is 
the  owner  and  holder  of  tax  liens  against,  or  cer- 
tificates of  s^le  of,  premises  directed  in  or  by  a 
judgment  in  any  such  action  to  be  sold,  the  cor- 
poration counsel,  in  person,  or  by  one  of  his  assist- 
ants, may  attend  such  sale  and  bid  thereat  such  an 


Title  v.]  Commission  Charter  195 

amount  as  he  deems  best  in  the  interest  of  the  city, 
not  exceeding,  however,  the  aggregate  amount 
due  upon  the  liens  and  certificates  of  sale  held  by 
the  city,  plus  the  amount  of  all  prior  liens  and  the 
legal  costs  and  expenses  of  the  action  and  sale, 
and  not  exceeding  the  assessed  valuation  of  the 
premises  sold,  unless  a  bid  in  a  higher  amount  is 
authorized  by  the  common  council. 

<^  184.  It  shall  be  presumed  that  every  tax 
levied  and  assessment  made  is  valid  and  regular, 
and  that  all  the  steps  and  proceedings  required 
by  law  were  taken  and  had,  until  the  contrary  shall 
be  made  to  appear.  Any  action  or  proceedings 
commenced  by  any  person  or  persons  to  test  the 
validity  or  regularity  of  any  tax  levied  or  assess- 
ment made  shall  be  commenced  within  one  year 
from  the  first  publication  of  the  notice  that  the 
roll  in  which  said  tax  or  assessment  is  contained 
is  ready  for  collection  as  provided  by  section  one 
hundred  and  six  of  this  act.  The  invalidity  or 
irregularity  of  any  tax  or  assessment  shall  not  be 
available  as  a  defense  to  any  action  or  proceeding 
commenced  after  the  expiration  of  one  year  from 
the  delivery  of  the  roll  and  publication  as  afore- 
said, for  the  collection  of  said  tax  or  assessment, 
or  for  the  enforcement  of  any  right  or  title,  by 
virtue  of  any  sale  thereunder,  unless  an  action  or 
proceeding  to  test  the  validity  or  regularity  of 
such  tax  or  assessment  shall  have  been  com- 
menced within  the  time  hereinbefore  limited  for 
commencing  the  same,  and  shall  be  still  pending, 
or  such  tax  or  assessment  shall  have  been  ad- 
judged to  be  irregular  and  invalid. 

§  185.  Whenever  any  purchaser  under  such 
sale,  or  his  heirs  or  assigns,  shall  be  unable  to  re- 


196  Commission  Charter  [Title  V. 

cover  or  retain  possession  of  any  real  estate  sold 
to  him  by  reason  of  any  irregularity  or  error  in 
the  assessment  of  any  person  or  property,  or  the 
levying  of  any  tax  thereon,  or  in  any  proceedings 
for  the  collection  of  any  tax  the  council  shall  reim- 
burse the  purchase  money  so  paid,  with  interest 
from  the  time  of  its  payment,  at  the  rate  of  six 
per  centum  per  annum,  and  thereupon  the  council 
shall  order  a  reassessment  of  any  amount  or  sum 
so  paid  upon  the  same  real  estate  or  against  the 
same  person,  which  shall  for  all  the  purposes  of 
this  act  be  deemed,  and  taken  to  be,  an  original 
general  city  tax  or  assessment  as  of  the  date  of 
such  reassessment. 

§  186.  No  action  shall  be  brought  or  maintained 
upon  any  assessment  for  local  improvements, 
except  local  assessments  for  sidewalks  and  cross- 
walks. The  taxroll,  when  advertised  according 
to  section  one  hundred  and  six  of  this  act,  shall 
be  presumptive  evidence  that  all  the  previous 
proceedings,  including  the  assessing  and  levying 
of  the  tax,  were  regular  according  to  law. 

§  187.  Nothing  contained  in  this  act  shall  be 
held  or  construed  as  in  lany  way  affecting  the  vaUd- 
ity  or  lien  of  any  state  or  county  tax  heretofore 
levied  or  hereafter  to  be  levied  or  assessed  upon 
or  against  any  lands  in  the  city. 

§  188.  The  council  shall  not,  unless  by  unani- 
mous vote,  allow  owners  or  others  interested  in 
lands  sold  to  said  city  for  the  nonpayment  of  taxes 
or  assessments  to  redeem  the  same  unless  by  the 
payment  of  the  amount  for  which  such  sale  shall 
have  been  made,  and  all  accrued  interest  thereon 
and  the  expense  properly  charged  thereon. 


Title  v.]  Commission  Charter  197 

§  189.  The  assessor  shall  enter  and  record  in 
his  office  his  proceedings  upon  such  sales,  and  all 
certificates  granted  by  him,  and  all  redemptions 
and  all  proceedings  whereby  sales  are  defeated  or 
discharged.  He  shall  also  file  and  record  all 
notices  of  sales  published  by  him,  together  with 
his  own  affidavit,  or  that  of  the  publisher  or  fore- 
man of  the  official  paper,  of  the  publication  of  such 
notices,  and  of  all  other  notices  which  have  been 
given  by  him;  and  he  shall  keep  a  record  of  all 
certificates  and  conveyances  made  by  him  under 
section  one  hundred  and  seventy-three  of  this  act. 
When  land  has  been  sold  for  the  nonpayment  of 
city  taxes  prior  to  the  twelfth  day  of  May,  eigh- 
teen hundred  and  eighty,  and  no  deed  or  declara- 
tion of  sale  has  been  granted  on  such  sale,  the 
owner  of  such  land  may  pay  to  the  assessor  the 
amount  of  the  face  of  such  sale,  and  the  land  shall, 
from  date  of  such  payment,  be  free  from  any  lien 
of  said  tax  sale.  The  owner  of  any  certificate  of 
sale,  the  amount  of  which  may  have  been  paid  to 
the  assessor,  as  aforesaid,  shall,  upon  surrender 
thereof,  and  upon  due  proof  of  ownership,  be  en- 
titled to  receive  from  the  city  the  amount  so  paid 
without  interest. 

"§  190.  When  it  shall  be  discovered  that  the  pro- 
ceedings in  ordering  or  levying  any  tax,  or  in 
ordering  or  making  any  assessment,  have  been  so 
irregular  as  to  render  them  illegal  and  void,  the 
council  may  annul  them,  or  may  annul  all  of  them 
subsequent  to  and  including  the  irregularity,  and 
may  begin  the  proceeding  anew,  or  from  the  point 
where  the  irregularity  occurred. 

§  191.  When  any  lands  are  imperfectly  de- 
scribed in  any  tax  or  assessment-roll,  the  council 
may  direct  the  assessor  to  correct  the  description. 


198  Commission  Charter  [Title  V. 

^  192.  The  assessor,  at  any  time  before  the 
lands  are  advertised  for  sale  for  the  nonpayment 
of  the  tax  or  assessment,  and  not  after,  may  cor- 
rect the  imperfect  description. 

<^  193.  A  mortgagee  of  lands  situate  in  the  city, 
who  resides  ont  of  it,  may  appoint  an  elector  of 
the  city  as  his  tax  agent,  in  the  manner  provided 
in  this  act.  Upon  the  presentation  of  such  ap- 
pointment to  the  assessor,  he  shall  file  the  same, 
and  register  the  names  in  a  book  to  be  kept  by  him 
for  that  purpose. 

§  194.  The  holder  of  a  certificate  of  sale  shall 
be  allowed  twenty-five  cents  for  every  notice  to 
redeem  necessarily  served,  twelve  cents  for  every 
affidavit  necessarily  made  and  filed,  and  the 
amount  actually  and  necessarily  paid  for  publica- 
tion, postage  and  searches,  not  exceeding  ten  dol- 
lars for  a  full  and  complete  tax  and  title  search, 
and  two  dollars  and  fifty  cents  for  a  continuation 
of  such  search.  In  case  the  city  of  Buffalo  be  the 
holder  of  such  certificate  of  sale,  such  notice  to 
redeem  shall  be  served  by  a  clerk,  under  the  sup- 
ervision of  the  assessor,  and  the  fees  allowed  and 
collected  for  such  service  shall  belong  to  the  city  of 
Buffalo.  When  the  same  person  holds  more  than 
one  certificate  of  sale  on  the  same  parcel  of  land, 
he  shall  be  allowed  for  but  one  search.  He  shall 
make  out  a  bill  of  the  allowances  claimed  by  him  in 
items,  naming  the  persons  on  whom  the  notices 
were  served,  and  stating  who  was  served  as  owner, 
mortgagee  or  occupant,  and  shall  annex  to  it  his 
affidavit  that  the  charges  in  the  bill  are  just  and 
were  necessarily  incurred,  and  that  the  notices 
charged  were  not  served  upon  any  person  whom 
the  law  does  not  require  to  be  served.     He  shall 


Title  v.]  Commission  Charter  199 

annex  such  a  bill  to  a  copy  of  the  certificate  of 
sale,  and  file  the  same  with  the  assessor.  If  there 
be  any  dispute  in  respect  to  the  bill,  the  assessor 
shall  adjust  it.  If  any  redemption  is  made  after 
the  expiration  of  nine  months  from  the  sale,  and 
before  a  bill  of  the  allowances  claimed  has  been 
filed,  the  person  redeeming  shall  deposit  with  the 
assessor  ten  dollars.  The  assessor  shall,  with  said 
ten  dollars,  pay  the  bill  of  allowances,  when  filed, 
which  shall  in  no  case  exceed  that  sum,  and  return 
the  surplus,  if  any,  to  the  party  who  deposited  it, 
on  demand. 

<§,  195.  If  any  person  having  a  lien  by  mortgage 
or  judgment  upon  lands  sold  for  taxes,  or  assess- 
ments, shall  redeem  them  from  the  sale,  he  may 
add  the  amount  paid  to  redeem  to  his  mortgage  or 
judgment,  and  enforce  it  with  interest  as  part 
thereof. 

§  196.  Any  person  may  pay  one  or  more  taxes 
or  assessments  upon  such  property,  leaving  others 
unpaid  to  be  enforced  in  the  manner  provided  in 
this  act. 

§  197.  The  council  shall  designate  three  or 
more  of  its  members  who  shall  constitute  and  be 
called  the  board  of  settlement  and  collections  of 
arrearages  of  unpaid  taxes  of  the  city  of  Buffalo. 

§  198.  Said  board  shall  have  power  and  juris- 
diction, and  it  shall  be  its  duty  in  all  cases  pre- 
sented to  it  by  the  assessor  of  the  city  of  Buffalo, 
where  any  tax  sale  certificate  owned  by  said  city 
and  issued  under  and  pursuant  to  any  tax  sale 
heretofore  or  hereafter  held  for  the  collection  of 
taxes  or  assessments  of  said  city  of  Buffalo  levied 
or  imposed,  or  attempted  to  be  levied  or  imposed 


200  Commission  Charter  [Title  V. 

on  any  land  in  said  city,  remains  unredeemed, 
unpaid  and  in  arrears,  to  examine  into  and  fix, 
adjust  and  determine  as  to  each  parcel  of  land 
how  much  of  such  arrearages  shall,  in  the  way  of 
tax  or  assessment,  in  fairness  and  justice,  now 
presently  be  laid,  assessed  and  charged  against 
and  actually  collected  from  said  land.  And  in 
arriving  at  its  judgment  as  to  what  shall  be  fair 
and  equitable,  as  above  provided,  said  board  shall 
consider  said  unpaid  tax  and  assessments  without 
any  want  of  jurisdiction,  irregularity  or  defect  in 
any  of  the  proceedings  had  for  the  levying,  impos- 
ing or  confirming  any  of  said  taxes  or  assess- 
ments, and  without  regard  to  whether  of  not  said 
lands  have  been  sold  for  the  nonpayment  of  said 
taxes  land  assessments,  or  whether  or  not  said  tax 
sales  were  void  or  whether  or  not  said  taxes  or 
assessments,  or  said  tax  sales,  have  ceased  to  be 
valid  and  subsisting  liens  upon  said  lands.  The 
amount  of  all  taxes  and  assessments  for  which 
certificates  of  sale  or  tax  deeds  have  been  given 
to  and  are  held  by  the  city  of  Buffalo  or  which 
may  be  assigned  or  quitclaimed  to  the  city  of 
Buffalo,  whether  the  same  are  valid  or  invalid, 
shall  be  deemed  to  be  in  arrears  within  the  mean- 
ing of  this  section  and  to  have  been  so  in  arrears 
from  the  date  when  said  taxes  and  assessments 
were  levied.  If,  in  the  judgment  of  said  board,  it 
is  not  deemed  expedient  to  include  in  its  adjust- 
ment or  determination  any  tax  or  assessment,  or 
tax  sale,  or  tax  deed,  the  same  shall  not  be  so 
included.  The  taxes  and  assessments  heretofore 
levied  are  hereby  ratified  and  confirmed. 

§  199.  The  said  board  may  cause  to  be  made 
a  tax  and  title  search  of  each  parcel  of  land  where, 
in  the  judgment  of  said  board,  the  taxes  and  as- 


Title  v.]  Commission  Charter  201 

sessments  levied,  or  attempted  to  be  levied,  on  said 
parcels  of  land,  or  any  of  them,  cannot  be  collected 
promptly,  fully  or  effectually  under  the  existing 
laws  applicable  to  the  collection  thereof;  and  for 
such  purpose,  said  board  may  employ  such  per- 
sons as  may  be  necessary. 

§  200.  At  least  thirty  days  before  a  hearing 
shall  be  given  by  said  board,  as  hereinbefore  pro- 
vided, said  assessor  shall  cause  to  be  served  upon 
the  persons,  mortgagors  and  holders  of  city  tax 
sale  certificates,  other  than  the  city,  of  each  par- 
cel of  land  to  be  considered  at  such  hearing,  a 
notice  stating  that  the  unpaid  city  taxes  and  as- 
sessments, and  tax  sales  on  said  parcels  of  said 
land,  will  be  examined,  and  that  a  hearing  will 
be  given  to  all  interested  parties,  and  that  the 
amount  that  should  be  in  fairness  and  justice  laid 
and  assessed  and  charged  upon  said  land  will  be 
so  laid,  charged  and  assessed.  Such  notice  shall 
be  directed  to  the  persons  above  named,  if  known, 
and  shall  describe  such  parcel  of  land,  briefly,  by 
a  reference  to  the  assessor's  maps  and  surveys, 
or  otherwise,  and  shall  state  the  time  and  place  of 
hearing.  Such  noti<}e  shall  be  served  personally 
upon  such  persons  aforesaid,  if  they  are  known 
and  reside  in  the  county  of  Erie  and  state  of  New 
York.  If  such  persons  do  not  reside  within  the 
county  of  Erie,  state  of  New  York,  notice  shall 
be  miailed  to  them  at  their  known  place  of  resi- 
dence, and  if  the  owners  are  not  known,  or  the 
place  of  residence  of  the  owners  is  not  known, 
said  notice,  directed  to  said  persons,  if  known, 
and  to  unknown  owners  if  unknown,  shall  be  pub- 
lished twice  a  week  for  two  weeks  in  the  official 
paper  of  the  city  of  Buffalo.  Said  publication 
shall  commence  at  least  thirty  days  before  the 


202  Commission  Charter  [Title  V. 

hearing.     Any  number  of  parcels  of  land  may  by 
included  in  one  notice. 

^  201.  Said  board  shall  meet  at  the  time  and 
place  specified  in  said  notice,  and  before  consider- 
ing said  taxes  and  assessments  shall  receive  and 
examine  the  proofs  of  service  of  said  notices,  and 
if  the  same  are  satisfactory,  or  if  the  owners  of 
the  parcels  of  land  shall  personally  appear  before 
said  board,  said  board  shall  proceed  to  examine 
into  said  taxes  and  assessments.  It  shall  be  the 
duty  of  said  assessor  to  furnish  to  said  board 
proof  of  said  taxes  and  assessments,  and  said 
assessor  may  require  the  attendance  and  services 
of  the  corporation  counsel  of  siaid  city,  or  one  of 
his  assistants.  The  owners  of  any  parcel  of  land, 
or  the  mortgagors  or  holders  of  tax  sale  certifi- 
cates aforesaid,  or  any  person  who  has  an  estate  or 
interest  therein,  may  appear  before  said  board,  in 
person  or  by  counsel,  and  may  present  objections 
to  said  arrearages  of  taxes  and  assessments,  and 
their  reasons  why  the  same,  or  any  part  thereof, 
should  be  reduced  or  remitted,  which  objection 
shall  be  heard  land  considered  by  said  board.  Said 
board,  whenever  it  is  deemed  necessary,  shall 
have  power  to  subpoena  witnesses  and  examine 
them,  under  oath,  in  relation  to  all  matters  con- 
cerning said  arrearages  of  taxes  and  assessments ; 
and  the  failure  or  refusal  of  any  witness  to  answer 
any  proper  question  concerning  said  matters  shall 
be  deemed  a  contempt  of  court.  A  majority  of 
the  members  of  said  board  shall  constitute  a  quo- 
rum for  considering  said  arrearages  of  taxes  and 
assessments  land  for  the  hearing  of  any  objections 
thereto,  and  shall  concur  in  fixing  the  amount  to 
be  charged  upon  or  against  any  parcel  of  land. 
Said  board  may  adjourn  from  time  to  time  as  may 


Title  v.]  Commission  Charter  203 

be  necessary,  and  may  proceed  with  its  hearings 
upon  such  adjourned  days.  If  the  taxes  and  as- 
sessments were  levied,  or  attempted  to  be  levied, 
upon  a  tract  or  parcel  of  land  which  has  since 
been  divided  or  subdivided,  said  board  shall  ap- 
portion such  part  of  said  taxes  and  assessments 
upon  the  land  under  consideration  as  it  may  deem 
just  and  equitable,  and  the  amount  so  apportioned 
shall  be  deducted  from  the  tax  or  assessment  upon 
the  remaining  portion  of  said  land. 

§  202.  Before  tax  sale  certificates  for  the  sale 
of  said  lands  or  tax  deeds  of  said  lands,  which  are 
held  by  persons  other  than  said  city  of  Buffalo, 
shall  be  included  in  the  adjustment  or  determina- 
tion of  said  board  as  aforesaid,  said  city  shall 
procure  an  assignment  to  itself  of  said  tax  sale 
certificates  or  procure  quitclaim  deeds  of  said 
lands  upon  such  terms  as  may  be  agreed  upon. 
But  the  selling  of  said  land  for  the  nonpayment 
of  taxes  and  assessments,  or  the  assignment  of 
any  tax  sale  certificate  or  the  giving  of  a  tax  deed 
by  said  city  to  any  person,  shall  not  be  deemed 
a  waiver  of  the  right  to  impose  and  levy  a  tax  in 
lieu  and  instead  of  the  arrearages  of  taxes  and 
assessments  which  were  assessed  or  attempted  to 
be  assessed  upon  said  land  prior  to  said  sale  or 
assignment  or  the  giving  of  said  deed. 

§  203.  Said  board  shall  keep  a  record  of  its  de- 
cisions in  which  sh.all  be  entered  its  determination 
as  to  the  amount  to  be  charged  and  assessed  upon 
and  against  each  parcel  of  land  as  aforesaid  and 
shall  file  a  certificate  with  the  assessor  of  said 
city  of  Buffalo  stating  the  amount  so  determined 
upon,  and  its  determination  in  respect  thereto 
shall  be  final  and  conclusive  upon  all  the  persons 


204  Commission  Charter  [Title  V. 

owning  or  having  an  interest  in  or  lien  upon  said 
lands  and  against  all  persons  whomsoever,  unless 
reviewed  by  a  writ  of  certiorari  as  hereinafter 
provided,  and  the  amount  so  fixed,  determined  and 
certified  by  it  in  each  case  shall  thereupon  become 
and  be  a  valid  and  binding  city  tax  and  assess- 
ment and  lien  for  such  sum,  on  the  lands  so  desig- 
nated, in  lieu  and  instead  of  outstanding  claims 
of  said  city  of  Buffalo  for  arrearages  of  taxes  and 
assessments  levied  or  confirmed,  or  attempted  to 
be  levied  or  confirmed,  which  were  included  by 
said  board  in  its  adjustment  or  determination  as 
aforesaid,  which  lien  shall  have  priority  over  all 
other  liens,  claims  or  demands  whatsoever,  except 
taxes  and  assessments  subsequently  levied.  It 
shall  be  competent  for  said  board  to  include  in 
any  certificate  its  several  determinations  respect- 
ing as  many  parcels  of  land  as  may  seem  to  it 
convenient.  Said  taxes  and  a&sesismtents  shall 
not  impose  any  personal  liability  upon  the  owners 
of  or  any  persons  interested  in  said  land. 

<§i  204.  The  decision  of  said  board  may  be  re- 
viewed by  certiorari  within  one  month  after  the 
filing  of  the  certificate  with  said  assessor  as  afore- 
said. The  practice  in  said  proceedings  shall  be 
governed  by  the  code  of  civil  procedure,  except 
that  the  return  to  the  writ  of  certiorari  shall  not  be 
deemed  conclusive,  and  said  proceedings  may  bo 
heard  at  a  special  term  of  the  supreme  court,  or 
may  be  referred  to  a  referee,  and  testimony  may 
be  taken. 

§  205.  Upon  the  delivery  to  said  assessor  by 
said  board  of  its  said  certificate  the  amounts  of 
said  taxes  and  lassessments  and  liens  so  fixed  and 
certified  in  respect  to  the  said  several  parcels  of 


Title  v.]  Commission  Charter  205 

land  included  in  said  certificates  shall  be  due  and 
payable  and  shall  be  collected  by  said  assessor, 
without  interest,  until  the  same  are  added  to  the 
annual  assessment-rolls  for  said  city  as  herein- 
after provided. 

§  206.  If  any  of  the  said  taxes  or  assessments 
shall  not  have  been  paid  to  said  assessor,  at  the 
time  of  making  the  next  annual  assessment-rolls 
for  city  purpose  after  the  receipt  of  said  certifi- 
cates, they  shall,  if  received  prior  to  the  first  day 
of  May,  be  included  by  said  assessor  in  said  as- 
sessment-rolls in  a  separate  column  opposite  the 
several  parcels  of  land  upon  which  they  have  been 
so  assessed  and  the  same  shall  be  considered  in 
all  respects  a  city  tax  or  assessment  for  said  year 
and  the  same  amount  of  interest,  additions,  pen- 
alties and  fees  shall  be  added  to  the  same  as  are 
added  to  other  city  taxes  and  the  same  shall  be 
collected  and  enforced  by  a  sale  of  said  land  in 
the  same  manner  as  other  city  taxes  and  assess- 
ments are  collected  and  enforced;  and  all  provi- 
sions of  the  charter  of  the  city  of  Buffalo  relating 
to  taxes  for  assessments  and  the  proceedings  to 
enforce  the  collection  thereof  by  sales  of  the  land 
upon  which  they  are  liens,  and  all  the  provisions 
of  law  relating  to  the  redemption  of  said  lands 
from  said  sales,  and  the  proceedings  to  foreclose 
or  cut  off  the  right  of  redemption  of  persons  in- 
terested in  said  lands,  and  the  giving  of  deeds  of 
said  lands  to  the  purchasers  at  tax  sales,  except 
as  the  same  may  be  inconsistent  with  the  provi- 
sions of  this  act,  shall  be  applicable  to  the  taxes 
and  assessments  levied  by  said  board  as  aforesaid. 


206  Commission  Charter  [Title  VI. 

TITLE  VI. 

Of  Eminent  Domain. 

§  215.  The  city  shall  have  power  to  take  lands 
for  public  buildings,  parks,  public  grounds, 
squares,  streets,  alleys,  fountains,  canals,  basins, 
slips  and  other  public  waters,  docks  and  for  any 
other  corporate  purpose  or  object,  and  to  take 
proceedings  to  perfect  its  title  where  title  has 
been  acquired  or  attempted  to  be  acquired,  and 
has  been  found  to  be  invalid  or  defective,  and  the 
latter  proceeding  may  be  joined  with  any  new  pro- 
ceeding for  acquiring  lands  for  a  similar  purpose. 

<§i  216.  Whenever  any  work  or  improvement 
authorized  by  section  three  hundred  and  sixty  of 
this  act  shall  be  undertaken,  the  city  may  take  for 
the  purpose  thereof,  as  provided  in  this  act,  lands 
held  or  used  for  public  purposes  by  any  corpora- 
tion having  the  power  of  eminent  domain,  or  other- 
wise held  or  used  for  public  purposes ;  but  in  such 
case  only  such  interest  or  easement  shall  be  taken 
as  may  be  necessary  for  carrying  out  such  work 
or  improvement,  and  to  that  extent,  such  taking 
is  hereby  authorized. 

<§  217.  Any  number  of  separate  parcels  of  land 
owned  by  the  same  or  different  persons  or  cor- 
porations, or  in  which  the  same  or  different  per- 
sons or  corporations  have  an  interest,  whether 
contiguous  or  not,  may  be  included  in  one  and 
the  same  proceeding  under  this  title. 

§  218.  If  at  any  time  a  proceeding  to  take  lands 
as  in  this  title  provided  shall  be  found  defective 
or  insufficient,  the  city'may  proceed  anew  to  take 


Title  VI.]  Commission  Charter  207 

such  lands  in  the  same  manner  as  if  no  prior  pro- 
ceeding had  been  begun,  and  if  in  possession,  the 
city  may  continue  in  possession  of  such  lands 
until  the  final  conclusion  of  such  new  proceeding 
and  the  court  may  stay  all  actions  or  proceedings 
against  the  city  on  account  thereof. 

§  219.  When  it  shall  be  intended  to  take  any 
lands  for  any  of  said  purposes  or  objects,  the 
council  shall  require  the  assessor  to  ascertain  and 
certify  the  district  that  will  be  benefited  thereby, 
and  will  be  assessed  therefor,  and  the  council 
shall  not  adopt  any  resolution  declaring  its  inten- 
tion to  take  such  lands  until  the  report  of  the 
assessor  has  been  received  and  confirmed.  The 
council  shall  thereupon,  by  resolution,  declare 
such  intent,  and  describe  the  lands  intended  to  ba 
taken,  and  shall  at  the  same  time  declare  whether 
the  expense  of  the  same  shall  be  paid  by  the  gen- 
eral or  local  fund,  or  in  part  by  a  local  fund,  and 
if  wholly  or  partly  by  local  fund,  define  the  dis- 
trict that  will  be  assessed  therefor.  Upon  such 
resolution  becoming  of  force,  the  city  clerk  shall 
cause  the  same  to  be  published  in  the  official  paper 
daily  for  two  weeks. 

"§  220.  Within  three  months  after  the  expira- 
tion of  the  said  publication,  the  council  may  de- 
clare by  resolution  that  the  city  has  determined  to 
take  such  lands  for  the  purpose  specified  in  such 
resolution. 

^  221.  Upon  such  resolution  becoming  of  force, 
the  corporation  counsel  shall  give  notice  that  the 
city  has  determined  to  take  the  lands  th-erein  de- 
scribed for  the  purpose  stated,  and  that  on  a  speci- 
fied day  he  will  apply  to  a  court,  to  be  held  on  that 


208  Commission  Charter  [Title  VI. 

day,  in  the  city,  naming  the  court  of  record  to 
which  such  application  is  to  be  made,  for  the  ap- 
pointment of  three  commissioners  to  ascertain 
the  just  compensation  to  be  made  for  such  lands, 
by  publishing  such  notice  daily  for  two  weeks  in 
the  official  paper,  by  leaving  a  copy  thereof  at  each 
inhabited  building  on  such  lands  with  a  person 
of  full  age,  and  by  serving  a  copy  thereof  person- 
ally on  each  person  who  by  the  records  of  the  Erie 
county  clerk's  office  appears  to  be  the  owner  or 
mortgagee  of  such  lands  or  any  part  of  them,  or 
by  depositing  it  in  the  post-office  in  the  city,  \\dth 
the  postage  prepaid,  addressed  to  him  at  Buffalo, 
at  least  ten  days  before  the  time  when  the  appli- 
cation is  to  be  made.  If  any  such  owner  or  mort- 
gagee has  an  agent  registered  as  provided  in  this 
act,  the  notice,  when  not  personally  served  on  such 
owner  or  mortgagee,  shall  be  served  on  such  agent 
personally,  or  by  depositing  it  in  the  post-office 
addressed  to  him. 

§  222.  At  the  opening  of  such  court  on  the  day 
designated  in  the  notice,  or  as  soon  thereafter  as 
he  can  be  heard,  the  corporation  counsel  shall, 
upon  presenting  a  copy  of  said  resolution,  certi- 
fied by  the  city  clerk,  and  proof  of  the  giving  of 
said  notices  as  aforesaid,  apply  to  such  court  to 
appoint  such  commissioners.  Such  court  shall 
hear  such  application,  and  may  appoint  threo 
commissioners  to  ascertain  the  just  compensation 
to  be  made  for  such  lands. 

§  223.  If  an  attorney-at-law  shall  appear  for 
any  person  in  such  proceedings,  and  serve  notice 
thereof  upon  the  corporation  counsel,  he  shall  be 
entitled  to  notice  of  all  subsequent  proceedings. 
The  corporation  counsel  shall  cause    the    order 


Title  VI.]  Commission  Charter  209 

appointing  the  commissioners,  together  with  a 
notice  of  the  pendency  of  the  proceeding  directed 
to  all  persons  upon  whom  service  has  been  made, 
as  provided  in  section  two  hundred  and  twenty- 
one  of  this  act,  to  be  filed  in  the  office  of  the  clerk 
of  the  county  of  Erie,  who  shall  record  the  same  in 
like  maimer  as  notice  of  pendency  in  an  action  to 
foreclose  a  mortgage.  When  any  proceeding  of 
appraisal  has  been  commenced  no  change  of  own- 
ership by  voluntary  conveyance  or  transfer  of  the 
real  estate  or  any  interest  therein  shall  in  any 
manner  affect  such  proceedings,  but  the  same  may 
be  carried  on  and  perfected  as  if  no  such  convey- 
ance or  transfer  had  been  made.  In  case  any  such 
proceedings  shall  be  at  any  time  discontinued,  the 
court  in  which  the  same  shall  have  been  originated 
may,  upon  the  application  of  any  person  inter- 
ested, with  or  without  notice  to  the  persons  who 
have  appeared  therein,  as  it  shall  determine,  make 
an  order  directing  the  cancellation  of  such  notice 
of  pendency  of  such  pro<5eeding,  which  sihall  be 
filed  in  the  office  of  the  clerk  of  the  county  of  Erie, 
and  thereupon  the  ckrk  of  said  county  shall  can- 
cel and  discharge  of  record  such  notice  of  pen- 
dency. 

§  224.  If  any  commissioner  shall  die  or  be  dis- 
qualified or  excused  by  the  court  from  serving, 
the  court,  upon  application  of  the  corporation 
counsel,  may  appoint  another  in  his  place.  In  all 
cases  of  appraisal  under  this  act,  when  the  mode 
or  manner  of  conducting  all  or  any  part  of  the 
proceedings  consequent  thereon  are  not  expressly 
provided  for  by  this  act,  the  court  before  which 
such  proceedings  may  be  pending  shall  have  the 
power  to  make  all  necessary  orders  and  give  all 
the  proper  directions  to  carry  into  effect  the  ob- 


210  Commission  Charter  [Title  VI. 

ject  and  intent  of  this  act.  The  practice  in  such 
cases  shall  conform,  as  near  as  may  be,  to  the 
ordinary  practice  in  such  court.  The  court  may, 
from  time  to  time,  upon  the  application  of  the  cor- 
poration counsel,  with  or  without  notice,  as  the 
court  may  direct,  extend  the  commissioners'  time 
to  make  and  file  their  report  until  such  time  as  the 
court  may  fix,  and  such  order  shall  take  effect 
upon  the  filing  thereof.  The  proceeding  of  the 
city  in  exercising  the  right  of  eminent  domain 
shall  not  be  enjoined,  restrained  or  interfered 
with  by  any  order  or  mandate  of  any  court  or 
judge. 

§  225.  The  commissioners,  before  they  enter 
upon  their  duties,  shall  take  and  subscribe  an 
oath  that  they  will  faithfully  perform  their  duties, 
and  will  ascertain  and  report  the  just  compensa- 
tion to  be  made  for  the  lands.  Any  of  them  may 
issue  subpoenas  and  administer  oaths  to  witnesses. 
A  majority  of  them  may  adjourn  the  proceedings 
before  them  from  time  to  time  in  their  discretion. 
They  shall  appoint  a  time  and  place  for  the  hear- 
ing. They  shall  view  the  lands,  and  hear  all  legal 
evidence  offered  by  the  city  or  any  person  inter- 
ested in  the  lands.  They  shall  ascertain  the  just 
compensation  to  be  made  to  the  owners  of,  and  to 
the  persons  interested  in,  tihie  lands ;  and  they  shall, 
within  sixty  days  after  their  appointment,  make  a 
report  to  the  court  which  appointed  them,  by  filing 
the  same,  together  with  their  oath,  with  the  clerk 
of  such  court.  The  report  shall  be  signed  by  all 
of  the  commissioners. 

§  226.  If  the  commissioners  shall  not  be  able  to 
agree,  they  shall  certify  the  fact  to  the  court, 
which  may,  upon  the  application  of  the  corpora- 
tion counsel,  appoint  new  commissioners. 


Title  VI.]  Commission  Charter  211 

§  227.  Upon  the  filing  of  the  report  of  the  com- 
missioners the  corporation  counsel  shall  communi- 
cate the  fact  of  such  filing,  stating  the  whole 
amount  of  the  awards  to  the  council.  The  coun- 
cil may,  at  or  after  the  second  regular  meeting 
thereafter,  by  resolution,  direct  that  the  corpora- 
tion counsel  shall  apply  to  the  court  for  the  con- 
firmation of  said  report  or  for  the  discontinuance 
or  abandonment  of  siaid  proceeding,  and  the  cor- 
poration counsel  siball  comply  with  such  resolution. 
Such  action  of  the  council  shall  be  taken  ^\ithin 
three  months  from  the  time  when  the  filing  of  such 
report  shall  have  been  communicated  to  it  by  the 
corporation  counsel.  In  case  the  corporation 
counsel  shall  apply  for  the  discontinuance  or 
abandonment  of  such  proceeding,  the  court  shall 
ascertain  and  determine  the  reasonable  and  neces- 
sary expenses  and  disbursements  incurred  by  each 
person  who  has  appeared  in  said  proceeding,  either 
in  person  or  by  attorney,  and  the  same  shall  be 
paid  to  such  persons  by  the  city.  The  city  shall 
pay  all  taxes  and  assessments  which  shall  be  levied 
or  assessed  after  the  confirmation  of  the  report 
upon  any  of  the  property  taken  as  herein  pre- 
scribed. Upon  the  coming  in  of  the  report  of  the 
commissioners  the  court  may  confirm  the  report 
or  annul  it,  or  refer  it  back  to  the  commissioners, 
or  to  new  commissioners  to  be  appointed  by  it. 
If  the  court  shall  confirm  the  report  of  the  com- 
missioners, the  order  of  confirmation  shall  recite 
the  proceedings,  and  describe  the  lands  taken,  and 
shall  be  conclusive  upon  the  city,  and  upon  the 
owners  of  and  all  persons  interested  in  the  lands. 

§  228.    The  clerk  of  the  court  shall  make  up  a 
roll  of  such  proceedings,  by  attaching  together  all 


212  Commission  Charter  [Title  VI. 

the  reports  therein  filed  in  his  office,  and  a  copy  of 
all  orders  made  therein  by  the  court. 

§  229.  The  order  of  confirmation  shall  be  re- 
corded in  the  office  of  the  clerk  of  Erie  county,  and 
in  the  office  of  the  city  clerk,  and  such  record,  or 
a  copy  thereof  certified  by  the  clerk,  shall  be  the 
evidence  of  the  facts  therein  contained. 

§  230.  The  commissioners  shall  be  paid  by  the 
city  ten  dollars  per  day  as  compensation  for  their 
services  upon  filing  their  report,  or  their  certifi- 
cate of  disagreement,  and  the  court  may,  in  addi- 
tion, allow  to  the  commissioner  who  drew  up  the 
report  a  reasonable  compensation,  not  exceeding 
the  sum  of  fifty  dollars. 

§  231.  Upon  the  confirmation  of  the  report  of 
the  commissioners,  the  council  shall  ascertain  the 
amount  of  money  required  to  pay  the  compensa- 
tion awarded  and  the  cost  of  the  proceedings.  The 
amount  which  is  to  be  raised  by  general  tax  shall 
be  included  in  and  raised  in  the  general  tax  next 
thereafter  to  be  levied.  The  amount  which  is  to 
be  raised  by  local  assessment  it  shall  cause  to  be 
assessed  upon  the  real  estate  benefited,  in  accord- 
ance with  the  declaration  of  intention. 

§  232.  Within  one  year  after  the  confirmation 
of  the  report  of  the  commissioners,  the  city  shall 
make  to  the  persons  to  whom  compensation  shall 
have  been  awarded  by  the  commissioners  the  com- 
pensation awarded  to  them  respectively.  In  case 
any  such  person  shall  refuse  the  same,  or  be  un- 
known, or  incapacitated,  or  the  right  to  the  com- 
pensation is  disputed,  or  be  doubtful,  the  city  may 
pay  the  amount  of  such  compensation  into  the 
court  in  which  the  proceedings  to  take  the  lands 


LIBRARY 
44  LiBRARy  BUiLDlNQ 

Title  VI.]  Commission  Charter  213 

were  had,  with  a  statement  of  the  facts  and  cir- 
cumstances of  the  same.  The  court  shall  have 
power  to  order  the  investment  of  such  money,  to 
ascertain  who  is  entitled  to  it,  or  any  and  what 
part  of  it,  and  to  order  its  payment  accordingly. 
Upon  making  to  the  resipective  persons  the  com- 
pensation awarded  to  them,  or  paying  the  same 
into  court  as  aforesaid,  the  fee  of  the  lands  taken 
shall  vest  in  the  city.  If  the  amount  necessary  to 
make  such  compensation  has  not  been  realized  by 
the  city,  it  may  borrow  the  same  temporarily. 

§  233.  When  any  lands  of  any  person  to  whom 
compensation  is  awarded  for  an  interest  in  lands 
taken  by  the  city,  or  of  any  person  acquiring  title 
under  such  person  subsequent  to  the  filing  of  the 
notice  of  pendency  herein  provided  for,  shall  be 
assessed  to  pay  such  compensation,  the  court  in 
which  the  proceedings  were  had  may,  upon  the 
confirmation  of  the  assessment,  and  upon  the  ap- 
plication of  such  person,  or  the  city,  set  off  the 
amount  of  such  assessment  and  the  amount  of 
such  award,  and  certify  the  balance. 

§  234.  When  any  real  estate,  subject  to  any 
lease  or  other  agreement,  shall  be  taken  by  the  city 
under  this  title  all  the  covenants  and  stipulations 
contained  in  such  lease  or  agreement  shall,  upon 
the  expiration  of  one  year  from  the  confirmation 
of  the  commissioners'  report,  determine  and  be 
discharged;  and  when  a  part  only  of  any  real 
estate  shall  be  so  taken,  the  said  covenants  and 
stipulations  shall  be  so  discharged  only  as  to  the 
part  taken ;  and  the  court  in  which  the  proceeding 
was  had  may,  on  application  of  any  party  in 
interest  to  such  lease  or  agreement^  and  after  a 
notice  in  writing  of  eight  days  to  the  other  par- 


214  Commission  Charter  [Title  VI. 

ties  interested,  appoint  three  commissioners  to 
determine  the  rents,  payments  and  conditions 
which  shall  be  thereafter  paid  and  pertformed; 
under  such  lease  or  agreement,  in  respect  to  the 
residue  of  such  real  estate ;  and  the  report  of  the 
said  commissioners  on  being  confirmed  by  the 
court  shall  be  binding  and  conclusive  on  all  per- 
sons interested  in  such  real  estate. 

§  235.  The  city  may  take  in  fee  for  public 
streets,  alleys  and  squares,  the  lands  situate 
within  the  boundaries  of  any  of  the  public  streets, 
alleys  and  squares  in  siaid  city,  which  have  been 
or  shall  hiave  been  used  as  public  streets,  alleys  or 
squares  for  more  than  ten  years,  and  for  that  pur- 
pose ma<y  include  in  one  proceeding  any  number 
of  streets  and  alleys,  or  parks,  squares  or  public 
grounds. 

§  236.  The  proceedings  to  take  lands  under  the 
preceding  section  shall  be  pursuant  to  the  provi- 
sions of  this  diarter,  except  that  no  other  service 
of  notice  required  by  section  two  hundred  and 
twenty-one  of  this  act  shall  be  necesisary  than  the 
publication  thereof;  the  lands  situated  within  the 
bounds  of  any  street  or  ailey,  or  any  part  thereof, 
or  of  any  number  of  streets,  may  be  included  in 
one  proceeding,  but  nothing  in  this  or  the  preced- 
ing section  contained  shall  authorize  said  city  to 
divest  any  existing  right  to  lay  down  or  maintain 
any  pipes  or  railroads  and  appurtenances  in,  upon 
or  across  said  streets  or  alleys. 

§  237.  If  for  any  reason  the  city  shall  have 
failed  to  appropriate  any  land  required  by  it  for 
public  use,  or  to  appropriate  any  part  thereof  to 
such  use,  or  shall  have  abandoned  such  use,  the 


Title  VI.]  Commission  Charter  215 

ooxincil  may  authorize  the  sale,  release  and  con- 
veyance, under  the  hand  of  the  mayor  and  the  cor- 
porate seal  of  said  city,  of  any  such  lands,  or  any 
part  thereof,  after  the  parcel  sought  to  be  sold 
shall  have  been  apj^raised,  as  hereinafter  pro- 
vided, upon  payment  of  the  amount  at  which  the 
interests  of  the  city  in  said  lands  shall  have  been 
appraised. 

§  238.  Whenever  it  shall  be  represented  to  the 
council  that  lands  designated  in  the  foregoing  sec- 
tion have  not  been  appropriated  for  the  purposes 
for  which  they  were  acquired,  and  that  the  same 
can  be  sold,  the  council  may,  by  resolution,  direct 
the  interest  of  the  city  in  such  land  to  be  appraised 
in  the  same  manner  as  prescribed  in  the  general 
laws  of  the  state  for  the  condemnation  of  property, 
which  proceeding  may  be  conducted  by  any  party 
desiring  to  acquire  title  to  any  such  lands  at  his 
own  expense,  and  the  report  of  the  appraisers 
ajppointed  by  the  supreme  court  for  the  purpose  of 
fixing  the  value  of  the  interest  of  the  city  in  said 
premises  to  be  filed  in  the  office  of  the  clerk  of  Erie 
county,  and  the  sum  found  by  said  appraisers  as 
the  value  of  the  interest  of  the  city  in  the  premises 
appraised  shall  be  the  amount  of  the  compensa- 
tion to  be  paid  for  the  release  and  conveyance  of 
said  land  by  the  party  making  application  for 
such  appraisal. 

§  23P.  Upon  the  application  for  the  appoint- 
ment of  commissioners  to  appraise  the  interest  of 
tJie  city  as  provided  in  the  foregoing  section,  the 
petition  shall  contain  a  particular  description  of 
the  land  sought  to  be  ajppraised. 

§  240.  The  council  may  by  resolution  direct 
the  sale  of  any  land  acquired  by  the  city  for  public 


216  Commission  Charter  [Title  VI. 

use,  aud  which  it  has  failed  to  appropriate  or 
cease  to  use  for  the  purpose  of  such  uses,  at  public 
auction  to  the  highest  bidder.  Notice  of  the  time 
and  place  of  such  sale,  together  with  a  short 
description  of  the  property/,  shall  be  published 
twice  a  week  for  three  weeks  in  the  official  paper 
of  the  city,  and  no  appraisal  thereof  shall  be  made 
or  deemed  necessary  in  cases  of  sale  under  this 
section,  unless  an  application  has  been  made  as 
provided  in  section  two  hundred  and  thirty- eight 
of  this  act  before  the  passage  of  a  resolution  of 
the  council  directing  the  sale  of  premises  under 
this  section. 

§  241.  The  provisions  of  this  act  shall  not  be 
so  construed  as  in  any  manner  to  affect  or  apply 
to  the  land  taken  by  the  city  of  Buffalo,  or  the 
Dodge  farm,  so-called,  for  the  purpose  of  a  reser- 
voir. 

§  242.  In  cases,  however,  where  assessments 
have  been  offset  against  awards  for  the  value  of 
the  property  taken,  the  council  may  authorize  the 
release  and  conveyance  by  deed  to  be  executed  by 
the  mayor,  and  under  the  seal  of  the  city  of  the 
interest  of  the  city  in  such  lands,  or  parts  thereof, 
to  the  parties  interested  therein  who  are  equitably 
entitled  to  suoh  conveyance,  uipon  payment  by 
them  to  the  city  of  the  moneys  expended  by  the 
city  in  the  purchase  or  the  taking  of  said  lands  or 
ratably  in  proportion  to  such  parts  thereof  with 
interest  thereon,  from  the  time  of  such  expendi- 
ture, or  upon  such  other  terms  and  conditions  as 
the  council  shall  deem  best  for  the  interests  of  the 
city.  In  case  the  city  of  Buffalo  shall  at  any  time 
abandon  the  public  use  of  any  lands  appropriated 
by  it  for  public  use,  or  shall  be  about  to  abandon 


Title  VII.]  Commission  Charteb  217 

such  use,  the  council  may  authorize  the  convey- 
ance under  the  hand  of  the  mayor,  and  the  cor- 
porate seal  of  said  city,  of  any  such  lands  or  any 
part  thereof  so  abandoned  or  about  to  be  aband- 
oned, in  exchange  for  other  lands  substantially  of 
equal  value  required  by  said  city  for  a  like  public 
use. 

<^  243.  The  provisions  of  the  code  of  civil  pro- 
cedure relating  to  eminent  domain  shall  not  apply 
to  the  city  of  Buifalo  where  the  same  are  incon- 
sistent with  the  provisions  of  this  act. 


TITLE  Vn. 

Depabtment  of  Public  Safety. 

ARTICLE  T. 

Department  of  Police. 

"§  250.  There  shall  be  a  department  of  police, 
which  shall  be  a  subordinate  department  of  the 
department  of  public  safety,  and  which  shall  have 
charge  of  all  police  matters  of  the  city.  No  per- 
son holding  office  in  this  department  shall  be  liable 
to  jury  or  military  duty.  The  government  and 
discipline  of  the  department  shall  be  prescribed 
by  the  council  in  form  of  orders,  rules  and  regu- 
lations for  such  department;  such  rules  and  regu- 
lations in  force  at  the  time  this  act  takes  effect 
shall  continue  in  force  until  otherwise  prescribed 
by  the  council.  The  orders,  rules  and  regula- 
tions of  the  council  relating  to  this  department 
shall  have  the  same  force  and  effect  as  if  herein 
especially  enacted,  provided  they  are  not  in  con- 
flict with  the  laws  of  the  state.    The  mayor  shall 


218  .  Commission  Charter  [Title  VII. 

designate  the  number  of  patrolmen  to  be  assigned 
to  each  precinct  and  shall  divide  the  sergeants  and 
patrolmen  of  such  force  (but  not  including  detec- 
tive sergeants)  who  may  be  on  duty  in  the  open 
air,  on  the  streets  or  other  public  places  of  the 
city,  into  three  platoons.  No  one  of  such  platoons 
nor  any  member  thereof  shall  be  assigned  to  more 
than  one  tour  of  duty ;  such  tour  of  duty  shall  not 
exceed  eight  hours  of  each  consecutive  twenty- 
four  hoursi,  nor  more  than  eight  hours  of  reserve 
duty  of  each  consecutive  seventy-two  hours  ex- 
cepting only  that  in  the  event  of  strikes,  riots, 
conflagrations,  or  occasions  when  large  crowds 
shall  assemble  or  other  similar  emergency,  or  on 
the  day  on  which  an  election  authorized  by  law 
shall  be  held,  or  for  the  purpose  of  changing 
tours  of  duty,  so  many  of  said  platoons  or  of  the 
members  thereof  may  be  continued  on  duty  for 
such  hours  as  may  be  necessary. 

§  250-a.  The  tours  of  duty  of  sergeants,  and 
patrolmen  (not  including  detective  sergeants)  on 
duty  in  the  open  air,  on  the  streets  or  other  public 
places  of  the  city,  shall  be  changed  at  least  once 
in  each  calendar  month;  provided,  however,  that 
the  tour  of  duty  of  such  platoons  and  each  mem- 
ber thereof^  and  the  manner  of  changing  such 
tours  of  duty  may,  at  the  election  of  the  local  au- 
thorities having  the  management,  control  or  direc- 
tion of  the  police  force,  be  and  continue  as  the 
same  were  in  force  and  in  operation  on  December 
thirty-first,  nineteen  hundred  and  ten. 

§  250-b.  Policemen,  while  on  reserve  duty  as 
mentioned  in  the  first  section  of  this  act,  shall  not 
be  required  to  render  any  service  except  in  case 
of  an  emergency,  and  shall  be  free  to  retire  for 


Title  VII.]  Commission  Charter  219 

sleep  during  reserve  duty  in  their  station  house, 
subject  to  call  in  case  of  an  emergency.  For  the 
purpose  of  this  act,  an  emergency  shall  be  defined 
as  enumerated  in  section  number  two  hundred  and 
fifty  of  this  act. 

<^  250-c.  The  mayor,  superintendent  of  police, 
chief  of  police,  or  other  oflficer  or  officers  having 
the  management,  control  or  direction  of  the  police 
force,  and  any  insi)ector,  captain,  lieutenant,  ser- 
geant or  desk-sergeant  of  the  police  force  who 
shall  violate  any  of  the  provisions  of  this  act,  shall 
be  guilty  of  a  misdemeanor,  land  upon  conviction 
thereof  shall  be  punished  as  prescribed  by  law. 

§  250-d.  Members  of  the  police  force  shall  not 
be  required  to  wear  uniform  when  not  on  actual 
patrol  duty,  except  in  case  of  an  emergency  as 
defined  and  enumerated  in  section  two  hundred 
and  fifty  of  this  act.  The  mayor  shall  annually 
grant  to  each  member  of  the  department  a  vaca- 
tion of  not  less  than  fourteen  successive  days  with 
pay;  he  shall  also  grant  to  each  member  of  the 
department  one  day's  leave  of  absence  with  pay 
in  each  month  beginning  at  six  o  'clock  in  the  even- 
ing of  the  one  day  and  ending  at  six  o'clock  in 
the  evening  of  the  following  day  when  such  leave 
of  absence  is  granted.  The  mayor  shall  have  the 
power  and  authority  to  suspend  such  leave  of 
absence  when  public  demands  are  such  as  to  re- 
quire the  aid  and  assistance  of  such  members.  The 
council  shall  grant  to  each  member  of  the  depart- 
ment when  disabled  by  sickness  half  pay  for  the 
time  that  such  sickness  shall  exist  provided  it  be 
for  no  longer  time  than  six  months,  and  shall 
grant  to  any  member  of  the  department  who  shall 
have  become  disabled  while  in  the  performance  of 


220  Commission  Chabter  [Title  VII. 

duty  full  pay  until  lie  sliaJl  become  able  to  resume 
his  duty  provided  it  be  for  no  greater  time  than 
one  year. 

<^  251.  The  oflScers  and  other  members  of  the 
police  force,  who  are  in  office  when  this  act  takes 
effect,  shall  continue  in  office  and  hold  their  re- 
spective positions,  unless  reduced  in  rank  or 
removed  pursuant  to  the  provisions  of  this  act. 
All  members  of  the  police  force,  clerks,  and  em- 
ployees, except  the  chief  of  police,  shall  hold  office 
during  good  behavior,  and  no  member  of  the  police 
force  or  department,  except  the  superintendent 
of  police,  or  chief  of  police,  shall  be  removed,  re- 
duced in  rank,  suspended,  fined  or  otherwise  pun- 
ished or  disciplined  except  upon  written  charges 
specifying  in  detail  the  accusation  made.  Such 
charges  shall  conform  to  the  rules  and  regulations 
adopted  by  the  head  of  the  police  department.  A 
copy  of  such  charges  shall  be  reserved  upon  the 
accused  officer  and  he  shall  be  accorded  a  reason- 
able time  in  which  to  prejpare  for  the  hearing;  he 
shall  be  entitled  to  be  present  at  his  trial,  to  bo 
heard  in  person  and  by  counsel,  and  to  give  and 
furnish  evidence  in  his  defense.  All  trials  shall 
be  open  to  the  public.  The  board,  commission, 
commissioner  or  other  officer  or  officers  having 
authority  to  issue  subpoenas  to  compel  the  attend- 
ance of  witnesses  at  such  trial,  must,  upon  the 
application  of  the  accused  officer,  from  time  to 
time  issue  subpoenas  in  blank  in  the  form  pre- 
scribed by  lawi,  and  the  right  is  hereby  granted  to 
the  accused  officer,  or  his  counsel,  to  insert  in 
such  subpoena  or  subpoenas  the  names  of  such 
persons  as  he  desires  to  attend  to  give  evidence  in 
his  defense,  and  such  accused  officer  shall  not  be 


Title  VII.]  Commission  Charter  221 

compelled  in  advance  of  the  trial  to  disclose  the 
name  of  any  of  his  proposed  witnesses. 

§  251-a.  Nothing  herein  contained  shall  pre- 
vent the  suspension  of  an  officer  accused  of  ser- 
ious misconduct  pending  the  hearing  and  deter- 
mination of  the  charges  made  against  him,  but  if 
such  charges  are  not  finally  sustained,  sudh  officer 
shall  be  entitled  to  receive  the  same  compensation 
which  he  would  have  earned  had  he  not  been  sus- 
pended, but  no  such  suspension  shall  exceed  a 
period  of  ten  days,  and,  within  said  ten  days, 
written  charges,  as  hereinbefore  provided,  shall  be 
sei-ved  upon  the  officer  accused  and  the  matter 
brought  on  for  hearing  and  determination.  In 
the  event  that  the  officer  accused  requests  one  or 
more  adjournments,  the  suspension  may  extend 
during  the  period  of  time  covered  by  said  ad- 
journments. 

§  251 -b.  In  all  cases  the  trial  of  the  accused 
must  be  conducted  within  thirty  days  from  the 
date  when  such  charges  are  served  upon  him, 
except  where  the  accused  requests  one  or  more  ad- 
journments of  the  hearing  extending  beyond  that 
time.  All  charges  must  be  determined  and  deci- 
sion made  in  writing  within  five  days  after  the 
trial.  All  causes  for  complaint  against  the 
accused  officer  in  existence  or  arising  prior  to 
the  commencement  of  proceedings  against  him 
and  not  specified  in  such  written  charges  shall  be 
deemed  to  be  waived,  and  such  officer  shall  not  at 
any  time  thereafter  be  subject  to  the  trial  of  any 
such  complaints  or  charges  not  so  included  in  said 
written  charges;  but  nothing  herein  contained! 
shall  prevent  the  amendment  of  charges  so  as  to 
contain  therein  additional  specifications^  provid- 


222  Commission  Charter  [Title  VII. 

ing  such  amendments  are  made  prior  to  the  deter- 
mination of  the  other  charges.  Snch  amendments 
shall  be  in  writing  land  shall  be  served  upon  the 
accused  officer,  and  all  the  provisions  of  this  act 
relating  to  original  charges  shall  apply  thereto. 
All  specifications  contained  in  the  written  charges 
shall  be  regarded  a,s  but  a  single  complaint  for 
which  but  one  punishment  shall  be  inflicted.  No 
fine  of  additional  duty  and  no  cumulative  punish- 
ment shall  be  imposed.  No  fine  shall  be  imposed 
which  shall  exceed  a  sum  equal  to  twenty  days' 
salary  of  the  officer  adjudged  guilty. 

"§  251-c.  After  the  lapse  of  two  years  from  the 
determination  that  an  accused  officer  was  guilty 
of  the  charges  preferred  against  him,  such  deter- 
mination shall  not  be  considered  against  said 
officer  upon  an  application  by  him  for  promotion, 
nor  shall  it  affect,  after  the  lapse  of  said  two 
years,  any  right  or  privilege  which  such  officer 
would  otherwise  be  entitled  to  were  it  not  for  said 
determination. 

<§  251-d.  In  case  any  such  officer  is  aggrieved 
by  the  determination  of  any  trial  of  charges  as 
specified  in  section  two  hundred  and  fifty-one  of 
article  one,  title  seven,  of  this  act,  he  shall  have 
the  right  to  review  such  determination  in  the 
manner  and  time  prescribed  by  article  seven  of 
title  two  of  chapter  sixteen  of  the  code  of  civil 
procedure,  relating  to  the  writ  of  certiorari,  and 
upon  such  review  the  court  is  empowered  to  con- 
sider both  questions  of  law  and  of  fact,  except  that 
if  an  appeal  is  taken  to  the  court  of  appeals  from 
the  determination  of  the  appellate  division  of  the 
supreme  court,  the  hearing  in  the  court  of  appeals 
shall  be  limited  to  questions  of  law  only. 


Title  VII.]  Commission  Charter  223 

§  252.  Th€  council  shall  possess  and  exercise 
all  powers  conferred  by  law  upon  the  mayors  of 
cities,  and  the  sheriffs  of  counties,  in  requiring  the 
services  of  the  military  in  aid  of  the  civil  authori- 
ties to  quell  riots,  suppress  insurrections,  protect 
property  and  preserve  public  tranquility  and  the 
mayor  may  exercise  any  of  the  powers  given  by 
this  section  to  the  council. 

<§  253.  The  mayor,  or  the  chief  of  police,  shall 
have  power  to  issue  criminal  warrants  in  all  cases 
after  entertaining  complaints,  making  the  same 
returnable  before  a  justice  of  the  city  court  of  the 
city  of  Buffalo;  and  they  may  each  commit  for 
examination.  Process  issued  hereunder  may  be 
executed  by  any  member  of  the  police  force. 

§  254.  The  members  of  the  police  force  shall 
possess  within  the  state  of  New  York  all  the  com- 
mon law  and  statutory  powers  of  constables, 
except  that  of  serving  civil  process ;  and  any  war- 
rant for  search  or  arrest  issued  by  any  magistrate 
of  the  state  may  be  executed  in  any  part  thereof 
by  any  member  of  the  force.  The  actual  and 
necessary  expense  incurred  by  any  member  of  the 
force,  when  directed  by  the  mayor,  chief  of  police, 
or  district  attorney  of  the  county  of  Erie,  in  serv- 
ing or  executing  any  process,  or  endeavoring  to 
detect,  discover,  or  arrest,  or  procure  the  extra- 
dition of,  any  perpetrator  of  crime  against  the 
laws  of  the  state,  including  the  expense  of  legal 
counsel  without  the  state,  or  to  discover  or  reclaim 
any  stolen  property,  shall  be  a  charge  against  the 
county  of  Erie ;  and  the  account  of  such  expenses 
shall  be  made  out  in  detail,  and  verified  by  the 
oath  of  the  party  to  whom  the  same  is  due,  to  the 
effect  that  the  sums  therein  charged  have  been 


224  Commission  Charter  [Title  VII. 

actually  and  necessarily  paid  out  by  him,  and  the 
amount  thereof,  when  audited  and  certified  hj  the 
council,  shall  be  presented  to  the  board  of  super- 
visors of  the  county  of  Erie,  to  be  audited  and 
paid  as  are  other  county  expenses.  For  the  pur- 
pose of  providing  for  the  expense  mentioned  in 
this  section,  and  for  a  secret  service  fund,  the 
council  shall  advance  to  the  mayor,  out  of  the 
police  fund,  such  sums  as  the  council  sihall  from 
time  to  time  determine. 

§  255.  Each  member  of  the  police  force  shall 
have  authority,  immediately  and  without  process, 
to  arrest  and  take  into  cusitody  any  person  who 
shall  commit,  or  threaten,  or  attempt  to  commit, 
in  his  presence,  or  within  his  view,  or  knowledge, 
any  breach  of  the  peace,  or  any  offense  prohibited 
by  the  laws  of  this  state,  or  by  any  ordinance  of 
this  city.  He  shall  forthwith  convey  every  person 
arrested  by  him.  before  one  of  the  justices  of  the 
city  court  to  be  dealt  with  according  to  law.  If 
no  justice  is  holding  court,  then  the  offender  may 
be  detained  in  a  station  house  until  a  public  sitting 
of  a  justice  of  such  court  before  whom  he  may  be 
tried,  or  held  to  bail,  and  he  shall  then  be  conveyed 
\nthout  delay  before  such  justice  to  be  dealt  with 
according  to  law.  While  at  any  station  house  such 
person  shall  be  furnished  with  necessary  and 
proper  food,  and  the  council  shall  include  a  sum 
to  meet  the  expense  thereof  in  its  annual  estimate, 
and  such  expense  shall  be  a  charge  against  the 
county  of  Erie. 

§  256.  Every  'criminal  process  issuing  out  of 
the  city  court  shall  be  served  or  executed  by  a 
member  of  the  police  force,  and  not  otherwise. 


Title  VII.]  Commission  Charter  225 

§  257.  The  chief  of  police  and  captains  within 
their  precincts  may,  by  authority  in  writing,  em- 
power any  member  of  the  police  force,  who  shall 
be  in  search  of  property  feloniously  obtained,  or 
of  suspected  offenders,  to  examine  the  books  and 
business  premises  of  any  pawnbroker,  junk  shop 
keeper,  dealer  in  seco(nd-ih)and  merchandise,  or 
intelligence  oflBce  keeper.  Any  member  of  the 
force  so  authorized,  and  having  in  his  possession 
a  pawnbroker's  receipt  or  ticket,  may  examine  the 
property  purported  to  be  pawned  or  deposited  on 
the  receipt  or  ticket,  but  no  such  property  sliall  be 
taken  from  the  possessor  thereof  without  due  pro- 
cess or  authority  of  law. 

§  258.  If  any  two  or  more  householders  shall 
report  in  writing  over  their  signature,  or  if  any 
member  of  the  police  force  shall  report,  to  the 
mayor  that  there  are  good  grounds,  and  stating 
the  same,  for  believing  that  any  house,  room  or 
premises  within  the  city  is  kept  or  used  as  a  com- 
mon gaming  house,  common  gaming  room  or  com- 
mon gaming  premises,  for  the  playing  for  wagers 
or  money  on  any  game  of  chance,  or  is  kept  or 
used  for  any  lewd  or  obscene  public  amusement, 
or  the  deposit  or  sale  of  lottery  tickets,  or  lotters" 
policies,  it  shall  be  lawful  for  the  mayor  to  au- 
thorize any  member  or  members  of  the  police 
force  to  enter  the  same.  The  member  or  members 
so  authorized  shall  forthwith  arrest  all  persons 
there  found  offending  against  any  law  and  shall 
seize  all  imiplements  of  gaming,  lottery  tickets  and 
lottery  policies  found  therein,  and  convey  any  per- 
son so  arrested  before  a  justice  of  the  city  court 
and  bring  the  articles  so  seized  to  the  office  of  the 
chief  of  police.  It  shall  be  the  duty  of  the  mayor 
to  cause  the  aiTested  person  or  persons  to  be  rig- 


226  Commission  Charter  [Title  VII. 

orously  prosecuted  and  tiie  seized  articles  to  be 
destroyed. 

§  259.  The  mayor  shall  cause  to  be  detailed,  on 
the  day  of  any  election  in  the  city,  and  on  the  night 
and  day  following  if  necessary,  one  or  more  patrol- 
men to  each  election  precinct,  who  may  have  access 
to  the  room  or  place  in  which  the  ballots  are  being 
received  and  counted.  The  mayor  shall  take 
proper  measures  to  have  elections  conducted  in  an 
orderly  and  fair  manner,  as  provided  by  the  elec- 
tion law  of  the  state. 

§  260.  No  person,  other  than  members  of  the 
police  force,  regularly  elected  constables,  or  mar- 
shals, the  sheriff  of  Erie  county,  and  his  duly 
appointed  deputies,  shall  in  the  city  carry  con- 
cealed upon  or  about  his  person  any  pistol  or 
revolver,  or  other  dangerous  weapon  or  weapons, 
without  first  obtaining  a  permit  from  the  cliief  of 
police,  under  such  regulations  and  upon  the  pay- 
ment of  such  fee  as  shall  be  prescribed  by  the  coun- 
cil. A  violation  of  the  provisions  of  this  section 
s'hall  be  a  misdemeanor  and  punishable  as  such; 
all  fines  collected  for  violations,  and  all  fees  paid 
for  permits,  shall  be  deposited  to  the  credit  of  the 
police  pension  fund. 

<§>  261.  The  chief  of  police  shall,  either  person- 
ally or  through  the  captains  of  the  respective  pre- 
cincts, subject  to  such  regulations  as  the  council 
may  adopt,  issue  licenses  to  residents  of  the  city 
who  own  or  keep  a  dog  or  dogs  to  permit  the  same 
to  run  at  large  within  the  city  limits.  Each  dog 
must  at  all  times  wear  a  suitable  collar,  to  which 
shall  be  attalched  a  tag  or  plate,  to  be  furnished  by 
the  city,  bearing  the  number  of  the  license  issued 


Title  VII.]  Commission  Charter  227 

for  it.  and  all  dogs  so  licensed  shall  be  subject  to 
such  provisions  of  law  or  ordinances  as  may  be 
enacted.  Such  licenses  shall  be  for  such  term  and 
upon  the  payment  of  such  sum  as  may  be  pro- 
vided by  the  council.  It  sihall  be  the  duty  of  every 
person  residing  in  the  city^  who  owns  or  keeps 
such  an  animal,  to  lapply  to  the  captain  of  the  pre- 
cinct in  which  he  resides,  or  to  the  chief  of  police, 
for  a  license  for  such  animal;  if  such  person  fail 
to  apply  therefor,  and  to  take  out  such  license 
within  twenty  days  after  being  notified  so  to  do  in 
the  manner  prescribed  by  the  council,  he  shall  for 
each  offense  be  liable  to  a  fine  of  five  dollars,  to 
be  sued  for  and  collecfted  in  the  city  court  upon 
the  complaint  of  the  chief  of  police  or  any  member 
of  the  police  force,  together  with  the  cost  of  such 
proceeding.  Any  member  of  the  police  force  is 
authorized  to  destroy  by  any  means  other  than 
poisoning  any  such  animal  not  duly  licensed,  and 
whose  owner  is  not  known,  or  who  fails  to  comply 
with  this  section.  All  fees  received  and  fines  col- 
lected hereunder  shall  be  deposited  to  the  credit 
of  the  police  pension  fund ;  except  that  the  neces- 
sary expenses  incident  to  the  enforcement  of  this 
section  may  be  paid  from  such  fees  and  fines. 

§  262.  Any  willful  resistance  by  any  person  to 
any  member  of  the  police  force,  while  in  the  dis- 
charge of  his  duties,  and  any  willful  or  malicious 
interference  with,  or  destruction,  or  defacement 
of  any  police  telegrapih  line,  or  any  apparatus  or 
street  box  used  in  connection  therewith,  shall  be 
a  misdemeanor.  It  shall  also  be  a  misdemeanor 
for  any  person  not  a  member  of  the  police  force 
to  represent  himself  to  be  such  a  member. 

§  263.  The  supervisors  of  the  county  of  Erie 
are  hereby  authorized,  empowered  and  required, 


228  Commission  Charter  [Title  VII. 

from  time  to  time,  to  levy  and  raise  by  taxation 
all  S'lmis  of  money  required  to  carry  into  effect  the 
fiscal  provisions  of  this  title  affecting  the  county, 
and  necessarj'  for  the  payment  of  all  sums  which 
by  the  provisions  of  this  title  shall  be  a  charge 
against  the  county.  It  shall  be  the  duty  of  the 
county  treasurer  to  pay  over  to  the  city  such 
money  so  raised  under  the  provisions  hereof.  The 
council  shall  furnish  annually  to  the  board  of 
supervisors  an  accurate  statement  of  all  moneys 
paid  out  during  the  preceding  year,  which  by  the 
provisions  of  this  title  are  a  charge  against  the 
county. 

§  264.  The  council  shall  be  the  board  of  trustees 
of  the  police  pension  fund  mentioned  and  estab- 
lished in  and  by  this  section.  The  treasurer  shall 
pay  over  and  account  for  all  moneys,  and  prop- 
erty which  shall  come  into  his  possession  as  such 
treasurer.  Said  council  shall  have  charge  of  and 
administer  said  fund  and  from  time  to  time  invest 
and  reinvest  the  same,  or  any  part  thereof,  in  such 
securities  as  a  savings  bank  organized  under  the 
laws  of  the  state  of  New  York  may  purchase  for 
investment,  and  is  empowered  to  make  <all  neces- 
saiy  contracts  and  take  all  necessary  and  proper 
actions  and  proceedings  in  the  premises.  The 
council  is  authorized  from  time  to  time  to  adopt 
and  amend  rules  and  regulations  not  in  conflict 
with  this  act,  for  the  disposition,  investment, 
preservation  and  ^administration  of  said  fund.  The 
treasurer  of  said  fund  is  authorized  upon  the 
order  or  warrant  of  the  council  to  make  payments 
from  such  fund  of  pensions,  granted  in  pursuance 
of  this  act,  and  also  pensions  now  charged  on  said 
fund,  or  any  part  thereof,  by  or  under  prior  or 
existing  laws ;  and  said  council  shall  be  the  legal 


Title  VII.]  Commission  Charter  229 

successor  of  the  board  of  trustees  of  the  present 
police  pension  fund  in  oflGice  at  the  time  this  act 
takes  effect.  The  treasurer  shall  report  in  detail 
to  the  council  annually  in  the  month  of  January 
the  condition  of  the  police  pension  fund  and  the 
items  of  receipts  and  disbursenients  on  account  of 
the  same,  which  report  shall  show  the  name  and 
residence  of  each  beneficiary  and  the  amount  paid 
to  such  beneficiary  for  or  on  account  of  said  fund. 
The  said  police  pension  fund  existing  when  this 
act  takes  effect,  and  all  moneys,  bonds,  invest- 
ments, securities,  revenues  and  incomes  thereof  or 
belonging  thereto,  in  whose  hands  soever  or 
wheresoever  the  same  may  be,  shall  be  paid  over 
and  delivered  on  demand  to  the  treasurer.  The 
moneys,  securities  and  effects  of  the  police  pen- 
sion fund  and  all  pensions  granted,  and  payable 
from  said  fund  shall  be  and  are  exempt  from  exe- 
cution and  from  all  processes  and  proceedings  to 
enjoin  and  recover  the  same  by  or  on  behalf  of 
any  creditor  or  person  having  or  asserting  any 
claims  against;  or  debt  or  liability  of  any  pensioner 
of  said  fund.  Every  person  who  knowingly  or 
willfully  in  any  wise  procures  the  making  or  pre- 
sentation of  any  false  or  fraudulent  aflSda-sit  or 
affirmation  concerning  any  claim  for  pension  or 
payment  thereof  shall  in  every  case  forfeit  a  sum 
not  exceeding  two  hundred  and  fifty  dollars  to 
be  sued  for  and  recovered  by  and  in  the  name  of 
the  city,  and  when  recovered  to  be  paid  to  and 
thereupon  become  a  part  of  the  said  police  pen- 
sion fund.  Any  person  who  shall  willfully  swear 
falsely  on  any  oath  or  affirmation  in  obtaining  or 
procuring  or  attemipting  to  obtain  or  procure  any 
pension  or  payment  thereof  under  the  provisions 
of  this  act  shall  be  guilty  of  perjury.  The  said 
police  pension  fund  shall  consist  of  the  capital, 


230  Commission  Charter  [Title  VII. 

interest.,  income,  dividends,  cash  deposits,  securi- 
ties and  credits  belonging  to  the  police  i)ension 
fund  of  the  city  existing  at  the  time  this  act  takes 
effect ;  and  all  rewards  or  gifts  that  may  be  paid 
or  given  to  any  member  of  the  police  force  for  his 
services,  except  when  the  council  shall  allow  him 
to  retain  the  same;  all  moneys  arising  from  the 
sale  of  unclaimed  goods  remaining  for  the  space 
of  one  year  in  the  hands  of  the  clerk  of  the  board 
of  police;  all  moneys  received  from  the  sale  of 
any  condemned,  unfit  or  unserviceable  property, 
except  horses  belonging  to  or  in  the  possession  of 
or  under  the  control  of  the  police  department,  not 
exceeding  the  sum  of  two  hundred  and  fifty  dol- 
lars for  any  one  article;  aU  fines  imposed  by  the 
council  upon  members  of  the  police  force ;  all  fees 
received  and  fines  imposed  under  sections  two 
hundred  and  sixty  and  two  hundred  and  sixty-one ; 
and  all  moneys,  pay,  compensation  or  salary,  or 
any  part  thereof,  forfeited,  deducted  or  withheld 
from  any  member  or  members  of  the  police  force, 
for  or  on  account  of  absence  for  any  cause,  lost 
or  sick  time,  sickness  or  disability,  physical  or 
m.ental,  all  of  which  shall  be  paid  monthly  into 
said  fund,  and  three  per  centum  of  the  share  of 
the  city  of  all  fees  for  liquor  tax  certificates  issued 
in  pursuance  of  the  liquor  tax  law  and  five  per 
centum  of  all  fines  and  penalties  imposed  for  any 
violation  of  the  said  liquor  tax  law  shall  be  paid 
weekly,  all  of  which  sum  shall  be  de(po sited  with 
the  treasurer  to  the  credit  of  said  pension  fund. 
From  and  after  the  first  day  of  July,  nineteen 
hundred  and  ten,  the  council  shall  quarterly  in 
making  the  payrolls  for  the  department  deduct  or 
cause  to  be  deducted  a  sum  not  to  exceed  two  per 
centum  per  annum  of  the  respective  salaries  paid 
to  the  persons  entitled  to  share  in  the  police  pen- 


Title  VII.]  Commission  Charter  231 

sion  fund,  except  that  the  janitress  at  police  head- 
quarters shall  be  required  to  pay  only  the  same 
sum  from  her  salary  as  is  deducted  from  the 
maximum  salary  received  by  any  other  janitress 
and  except  that  members  of  the  fire  department 
who  shall  become  members  of  the  police  force 
shall  pay  an  additional  two  per  centum  of  their 
respective  salaries  for  such  period  of  time  as  they 
shall  have  served  as  members  of  the  fire  depart- 
ment, from  and  after  the  first  day  of  July,  nine- 
teen hundred  and  ten,  and  a  warrant  for  the 
amount  of  the  deductions  shall  be  dra\vn  payable 
to  the  order  of  the  treasurer  of  the  police  pen- 
sion fund.  Pensions  shall  be  granted  by  unani- 
mous vote  of  the  council : 

(1)  To  the  widow  of  any  member  of  the  police 
force  who  shall  have  been  killed  while  in  the  actual 
performance  of  police  duty,  or  who  shall  have  died 
from  the  effects  of  an  injury  received,  while  in 
the  actual  discharge  of  such  duty,  the  sum  of  not 
less  than  three  hundred  dollars  per  year  so  long 
as  she  remains  unmarried;  if  there  be  no  widow 
of  such  deceased  member,  then  such  annual  pen- 
sion shall  be  paid  to  his  child  or  children  him  sur- 
viving, if  any,  so  long  only  .as  such  child  or  chil- 
dren, or  the  youngest  of  said  children  shall  con- 
tinue under  the  age  of  eighteen  years.  In  the 
event  of  the  death  of  the  widow  of  such  deceased 
member  who  at  the  time  of  her  death  js  drawing 
a  pension  as  provided  in  this  act,  then  such  annual 
pension  shall  be  paid  to  the  child  or  children  of 
such  deceased  member  of  the  police  department,  if 
any,  so  long  only  as  such  child  or  children,  or  the 
youngest  of  such  children  shall  continue  under  the 
age  of  eighteen  years.  No  pension  shall  be  paid 
under  this  title  to  any  child  over  eighteen  years 


232  Commission  Charter  [Title  VII. 

of  age.  And  if  there  be  no  such  widow,  child  or 
children  of  such  deceased  member,  then  such  pen- 
sion shall  be  paid  to  his  parent  or  parents,  pro- 
vided such  parent  or  parents  were  dependent  upon 
such  deceased  member  for  support,  and  such  time 
only  as  such  pension  shall  be  necesisary  for  the 
support  of  the  parent  or  parents. 

(2)  The  council  shall  retire  and  shall  grant  a 
pension  to  any  member  of  the  police  force  who 
while  in  the  actual  performance  of  police  duty, 
and  by  reason  thereof  and  without  fault  or  mis- 
conduct on  his  part,  sfhall  be  injured  or  become 
permanently  disiabled,  physically  or  mentally,  so 
as  to  unfit  him  for  the  performance  of  full  police 
duty,  the  amount  of  which  pension  shall  not  be 
less  than  one-fourth  of  the  salary  or  compensation 
per  year  receivpfl  at  the  time  of  such  retirement 
and  shall  not  exceed  the  sum  of  six  hundred  dol- 
lars <annually.  Police  matrons  who  become  totally 
disabled,  physically  or  mentally  while  in  the  ser- 
vice of  the  department,  shall  be  entitled  to  a  pen- 
sion of  not  less  than  one-fourth  nor  more  than 
one-half  of  their  annual  salary  or  compensation, 
except  thiat  the  janitress  attached  to  police  head- 
quarters shall  not  receive  a  pension  of  less  than 
one  hundred  and  fifty  dollars  nor  more  than  three 
hundred  dollars  per  annum. 

(3)  The  council  shall  retire  and  shall  grant  a 
pension  to  any  member  of  the  police  force  who,  by 
long  service  and  exposure  while  in  the  actual  ser- 
vice of  the  departmentv  shall  have  contracted 
without  fault  or  misconduct  on  his  part  any  dis- 
ease or  disability  which  permanently  incapacitates 
him  from  performing  full  police  duty;  such  pen- 
sion shall  be  in  the  sum  of  twenty-four  dollars 
for  each  year  of  service,  not  exceeding,  however, 


Title  VII.]  Commission  Charter  .  233 

the  total  sum  of  six  hundred  dollars.  Pensions  on 
account  of  disability  or  injury  shall  be  granted 
only  upon  the  affidavit  of  the  surgeon  of  the  police 
to  the  effect  that  such  injury  or  disability  exists 
and  is  permanent.  If,  however,  the  person  with 
reference  to  whom  the  affidavit  is  made  is  dissatis- 
fied with  the  conclusions  therein  set  forth,  either 
as  to  the  existence  or  nonexistence  of  the  injury 
or  disability  or  the  character  of  the  same,  he  may 
file  a  statement  to  that  effect  with  the  council  \vith- 
in  thirty  days  after  the  filing  by  the  surgeon  of 
police  of  said  affidavit  with  the  council,  and  there- 
upon the  council  shall  select  two  competent  phy- 
sicians and  surgeons  and  the  certificates  signed 
by  them  and  verified  by  their  oaths  shall  be  final 
and  conclusive  as  to  the  matters  in  said  certificates 
set  forth  for  a  period  of  one  year  thereafter,  and 
shall  be  aoceipted  in  lieu  of  the  affidavit  of  the 
surgeon  of  police,  in  so  far  as  it  certifies  to  the 
existence  of  an  injury  or  disability  of  a  permanent 
character.  The  fee  of  each  physician  and  surgeon 
shall  be  paid  by  the  person  examined.  The  police 
matrons  and  janitresses  shall  be  granted  the  privi- 
leges of  this  fund,  so  far  as  it  relates  to  their  chil- 
dren. On  and  after  the  first  day  of  July,  nineteen 
hundred  and  thirteen,  upon  the  application  of  any 
member  of  the  police  force,  of  rank  higher  thian 
that  of  sergeant*  who  shall  have  sensed  twenty-five 
years  in  the  police  department,  the  council  sliall 
retire  and  shall  grant  a  pension  to  said  person; 
said  pension  shall  be  in  the  sum  of  seven  hundred 
dollars  per  annum  for  twenty-five  years  of  service 
and  shall  be  increased  in  the  sum  of  twenty  dol- 
lars per  year  for  each  year  of  service  in  excess  of 
twenty-five  years  until  the  amount  of  eight  hun- 
dred dollars  per  annum  is  reached.  On  and  after 
the  first  day  of  July,  nineteen  hundred  and  thir- 


234  Commission  Charter  [Title  VII. 

teen,  upon  the  application  of  any  member  of  the 
police  force  equal  to  or  below  the  rank  of  ser- 
geant, or  any  janitress  employed  by  the  depart- 
ment of  police,  who  shall  have  served  twenty-five 
years  in  the  police  department,  the  council  shall 
retire  and. shall  grant  a  pension  to  such  member; 
such  pension  shall  be  in  the  sum  of  six  hundred 
dollars  per  annum  except  in  the  case  of  jani- 
tresses,  who  shall  each  receive  as  such  pension  the 
sum  of  three  hundred  dollars  per  annum.  Noth- 
ing herein  contained  s)hall  affect  the  claim  of  any 
annuitant  to  whom  any  annuity  has  heretofore 
been  allowed  from  the  j)olice  life  insurance  fund 
or  the  police  pension  fund,  but  such  annuity  shall 
be  paid  by  the  treasurer  out  of  the  police  pension 
fund,  so  long  as  the  council  shall  so  direct,  the 
same  as  if  the  claim  thereto  had  arisen  subsequent 
to  the  time  when  this  act  sball  take  effect.  And 
the  council  may,  in  its  discretion,  and  by  a  major- 
ity vote  and  in  accordance  with  the  provisions 
of  this  act,  grant  pensions  to  widows  of  deceased 
members  of  the  police  force,  <and  to  annuitants 
under  the  police  life  insurance  fund  or  police  pen- 
sion fund,  where  death  or  retirement  has  occurred 
prior  to  the  passage  of  this  act,  ^and  has  been 
caused  by  disability  acquired  in  the  ser\dce  of  the 
department.  In  computing  the  time  of  ser\'ice  of 
any  member  of  the  police  force  for  the  purpose  of 
this  section,  the  term  of  service  of  such  member 
on  any  regular  police  or  fire  department  force  of 
the  city  or  upon  the  park  police  force  of  the  city 
as  formerly  constituted,  shall  be  taken  the  same 
as  service  on  the  police  force  of  the  city,  and  it 
shall  not  be  deemed  necessary  for  the  purposes  of 
this  section  that  such  service  shall  have  been  con- 
tinuous. In  computing  the  time  of  service  of  all 
members  of  the  police  force  for  the  purposes  of 


Title  VIL]  Commission  Charter  235 

this  section,  the  term  of  service  which  they  shall 
have  served  as  employees  of  the  police  department 
previously  to  being  made  members  of  the  police 
force,  shall  be  computed  and  allowed  the  same  as 
service  rendered  on  the  police  force  of  the  city. 
All  officers  who  are  retired  under  the  provisions 
of  this  act  and  who  are  drawing  pay  from  the  siaid 
pension  fund  may.,  when  able  to  act»  perform  duty 
in  case  of  emergency,  and  may  be  accepted  to  per- 
form temporary  duty  by  the  commissioners  when 
satisfied  that  they  are  able  to  serve.  While  so 
sei'ving  on  temporary  duty  they  shall  be  entitled 
to  receive  compensation  to  be  fixed  by  the  council, 
in  (addition  to  their  pension,  which  shall  not  be  in 
any  manner  affected  by  such  temporary  service. 
Except  as  hereinbefore  in  this  subdivision  pro- 
vided, no  person  drawing  a  pension  pursuant  to 
the  provisions  of  this  title  shall  receive  other  or 
further  compensation  for  any  services  rendered  as 
an  officer  or  employee  of  the  state  of  New  York  or 
of  any  municipal  corporation  therein.  Provided, 
however,  that  any  sudu  person  may  accept  a  posi- 
tion as  officer  or  employee  of  said  state  of  New 
York  or  any  municipal  corporation  therein,  but 
shall  not  be  entitled  to  receive  any  part  of  the  pen- 
sion money  provided  by  this  title  during  the  time 
such  person  is  holding  such  state  or  municipal 
office  or  employment.  All  pensions  provided  for 
herein  shall  be  payable  monthly.  Nothing  con- 
tained in  this  act  shall  be  construed  to  entitle  any 
janitress  to  receive  a  pension  exceeding  three  hun- 
dred dollars  per  annum. 

5  2fi5.  ( 1 )  All  money  or  property  alleged  or  sup- 
posed to  have  been  feloniously  obtained,  or  which 
shall  be  lost  or  abandoned,  and  thereafter  taken 
into  the  custody  of  any  member  of  the  police  force, 


236  Commission  Charter  [I'itle  VII. 

or  of  any  criminal  court  in  the  city,  or  which  shall 
come  into  the  custody  of  the  city  court,  shall  be 
by  such  member  or  justice,  or  by  order  of  said 
court,  given  into  the  custody  of  and  kept  by  the 
police  department,  and  shall  be  particularly  regis- 
tered in  the  book  kept  for  that  purpose,  which 
shall  also  contain  a  record  of  the  names  of  the 
persons  from  whom  such  money  or  property  was 
taken,  and  of  the  claimants  thereof,  the  time  of  its 
seizure,  and  the  final  disposition  thereof. 

(2)  Whenever  property  or  money  shall  be  de- 
livered to  the  police  department,  as  aforesaid,  and 
the  magistrate  or  court,  before  the  case  Shall  be 
heard,  shall  be  satisfied  from  evidence  that  the 
person  arrested  is  innocent  of  the  oifense  alleged, 
and  that  the  property  rightfully  belongs  to  him, 
such  magistrate  or  court  shall  thereupon,  in  writ- 
ing, order  such  property  or  money  to  be  returned 
to  such  person,  and.  the  police  department,  if  it 
have  it,  shall  deliver  such  property  or  money  to 
the  accused  person  himself,  and  not  to  his  attor- 
ney, 'agent  or  clerk. 

(3)  If  any  claim  to  the  ownership  of  such  prop- 
erty or  money  shall  be  made  on  oath,  before  the 
magistrate  or  court,  by.  or  on  behalf  of  any  other 
person  than  the  one  arrested,  and  the  accused  per- 
son shall  be  held  for  trial  or  examination,  such 
property  or  money  shall  remain  in  the  custody  of 
the  department  until  the  discbarge  or  the  convic- 
tion of  the  person  accused.  If  the  person  accused 
shall  be  held  for  trial  or  examination,  and  shall 
be  afterwards  tried  upon  the  charge  of  having 
feloniously  taken  or  obtained  such  property  from 
the  person  by  whom,  or  on  whose  behalf  the  claim 
shall  be  made,  and  shall  be  convicted  on  such 
charge,  then  such  property  shall  be  delivered  to 


Title  VII.]  Commission  Charter  237 

the  claimant,  or  his  duly  authorized  agent,  upon 
the  certificate  of  the  district  attorney  of  Erie 
county,  or  his  deputy,  or  the  judge  or  magistrate 
who  presided  at  the  trial  at  which  such  conviction 
was  had.  If  the  accused  person  shall  be  tried  and 
shall  be  acquitted  and  discharged,  then  the  coun- 
cil may,  upon  the  certificate  of  either  of  the  above- 
named  officers,  direct  the  property  to  be  redeliv- 
ered to  the  accused  person,  on  his  making  oath  that 
he  is  entitled  to  its  possession.  If  the  accused 
person  shall  not  demand  the  property  and  make 
the  oath,  or  if  the  council  shall  be  satisfied  that  he 
is  not  entitled  to  the  possession  of  the  property, 
the  property  shall  be  advertised  and  disposed  of 
in  the  manner  hereinafter  provided.  The  provi- 
sions of  this  subdivision  shall  not  apply  to  cases 
provided  for  in  subdivision  tvvo  of  this  section. 

(4)  All  property  or  money  taken  on  suspicion  of 
having  been  feloniously  obtained,  or  of  being  the 
proceeds  of  crinae,  and  for  which  there  is  no  other 
claimant  than  the  person  from  whom  the  same  was 
taken,  and  all  property  and  money,  taken  from 
pawnbrokers  as  the  proceeds  of  crime,  shall  as 
soon  as  practicable,  be  transmitted  to  the  police 
department  to  be  by  it  duly  registered.  The  de- 
partment shall  give  notice  that  it  has  received 
such  property  by  publishing  such  notice  in  the 
official  paper  once  a  week  for  three  weeks.  At  the 
expiration  of  the  three  weeks,  the  council  shall 
determine  what  person  is  lawfully  entitled  to  the 
possession  of  the  property,  and  shall  direct  the 
return  of  the  same  to  him.  It  shall  be  delivered 
by  the  police  department  as  directed  by  the  coun- 
cil. If  the  person  from  whom  such  property  shall 
be  taken  shall  be  a  nonresident  of  tlie  city,  and  the 
council  shall  determine,  upon  examination,  that 


238  Commission  Charter  [Title  VII. 

the  circumstances  are  not  such  as  to  justify  the 
detention  of  the  property,  then  it  may  direct  it 
to  be  re-delivered  to  such  person  before  the  expira- 
tion of  the  three  weeks. 

(5)  All  lost  property  coming  into  the  posses- 
sion of  any  member  of  the  police  force,  and  all 
property  taken  by  any  member  of  the  force  from 
any  person  supposed  to  be  insane,  intoxicated,  or 
othei-wise  incapable  of  taking  care  of  himself  or 
herself,  shall,  as  soon  as  practicable,  be  trans- 
mitted to  the  police  department,  to  be  duly  reg- 
istered, and  shall  be  delivered  to  the  owner  or 
person  entitled  to  its  possession,  upon  proof  to 
the  satisfaction  of  the  chief  of  police,  that  such 
person  is  the  owner  or  entitled  to  the  possession  of 
the  property. 

(6)  When  money  or  property  shall  remain  in  the 
possession  of  the  police  department  for  six  months 
unclaimed,  or  where  the  council  or  the  chief  of 
police  shall  not  have  directed  it  to  be  delivered 
to  any  person,  the  department  shall  publish  a 
notice  in  the  official  paper  once  a  week  for  three 
weeks,  that  it  holds  the  same.  If  no  person  law- 
fully claims  the  property  the  department  shall  sell 
it  at  public  auction,  giving  notice  of  the  time  and 
place  of  such  sale,  by  publishing  the  sale  daily  for 
one  week  pre\^ous  thereto  in  the  official  paper  of 
the  city.  The  proceeds  of  such  sale,  and  any  un- 
claimed money  shall  become  a  part  of  the  police 
pension  fund. 

(7)  Any  property  or  money  in  the  custody  of  the 
police  department,  desired  as  evidence  in  any  crim- 
inal proceeding,  shall  be  temporarily  delivered  for 
that  purpose  to  any  officer  who  shall  present  an 


Title  VII.]  Commission  Charter  239 

order  therefor  from  a  court,  magistrate  or  district 
attorney. 

(8)  When  conflicting  claims  shall  be  made  to 
any  property  in  the  custody  of  the  police  depart- 
ment, under  the  pro\asions  of  this  section,  the 
council  may  require  from  any  claimant,  as  a  con- 
dition of  the  delivery  of  such  property  to  him,  that 
such  claimant  execute  and  deliver  a  bond,  with 
sufficient  sureties,  to  be  approved  by  staid  council, 
conditioned  to  indemnify  and  save  harmless  the 
said  council  and  each  and  every  niember  thereof 
and  the  city  from  and  against  all  suits,  judgments, 
demands,  causes  of  action,  cost  and  damages  of 
every  nature  and  description  by  reason  of,  or  in 
any  manner  growing  out  of  the  delivery  of  such 
property  to  such  claimants,  and  from  and  against 
the  payment  of  any  and  all  simis  of  money  which 
the  council  or  the  city  may  be  compelled  to  pay  by 
reason  of  such  delivery;  such  bonds  shall  be  in 
such  forai  as  the  council  shall  prescribe,  and  shall 
be  executed  to  the  city  as  the  obligee  therein ;  and 
for  any  breach  of  the  condition  thereof  an  action 
may  be  maintained  thereon  in  the  name  of  the  said 
city  as  plaintiff,  and  any  recovery  thereon  shall 
be  in  the  name  of  said  city,  but  for  the  benefit  of 
the  council,  if  as  to  them  the  said  breach  shall  have 
occurred. 


ARTICLE  II. 

Department  of  Fire. 

§  270.  There  shall  be  a  department  of  fire, 
which  shall  be  a  subordinate  department  of  the 
department  of  public  safety.  The  government 
and  discipline  of  the  department  shall  be  pre- 


240  Commission  Charter  [  Title  VII. 

scribed  by  the  council  in  the  form  of  rules  and 
regulations:,  and  such  rules  and  regulations  as 
are  in  force  at  the  time  this  act  takes  effect  shall 
continue  in  force  until  otherwise  prescribed  by 
the  council.  The  council  may  at  pleasure  remove 
the  chief  of  the  fire  department  at  any  time;  it 
may  also  remove  any  other  officer  or  member  of 
the  fire  department,  but  no  member,  except  the 
chief  of  the  fire  department,  shall  be  removed, 
reduced  in  rank,  suspended,  fined  or  otherwise  pun- 
ished or  disciplined  except  upon  written  charges 
specifying  in  detail  the  accusation  made;  such 
charges  shall  conform  to  the  rules  and  regula- 
tions adopted  by  the  head  of  the  fire  department. 
A  copy  of  such  charges  shall  be  served  upon  the 
accused  member  and  he  shall  be  afforded  a  rea- 
sonable time  in  which  to  prepare  for  the  hearing; 
he  shall  be  entitled  to  be  present  at  his  trial,  to  be 
heard  in  person  and  by  counsel,  and  to  give  and 
furnish  evidence  in  his  defense.  All  trials  shall 
be  open  to  the  public.  The  board,  commission, 
commissioner  or  other  officer  or  officers  having 
authority  to  issue  subpoenas  to  compel  the  attend- 
ance of  witnesses  at  such  trial  must,  upon  the 
application  of  the  accused  member,  from  time  to 
time  issue  subpoenas  in  blank  in  the  form  pre- 
scribed by  law,  and  the  right  is  hereby  granted 
to  the  accused  member,  or  his  counsel,  to  insert  in 
such  subpoena  or  subpoenas  the  names  of  such  per- 
sons as  he  desires  to  attend  to  give  evidence  in  his 
defense,  and  such  accused  member  shall  not  be 
compelled  in  advance  of  the  trial  to  disclose  the 
name  of  any  of  his  proposed  witnesses. 

§  270-a.  Xotliing  herein  contained  shall  pre- 
vent the  suspension  of  a  member  accused  of  ser- 
ious misconduct  pending  the  hearing  and  deter- 


Title  VII.]  Commission  Charter  241 

mination  of  the  charges  made  against  him,  but  if 
such  charges  are  not  finally  sustained,  such  mem- 
ber shall  be  entitled  to  receive  the  same  compensa- 
tion which  he  would  have  earned  hiad  he  not  been 
suspended,  but  no  such  suspension  s/hiall  exceed 
a  period  of  ten  days,  and,  within  siaid  ten  days, 
written  charges,  as  hereinbefore  provided,  shall 
be  sensed  upon  the  officer  accused  and  the  matter 
brought  on  for  hearing  and  determination.  In 
the  event  that  the  member  accused  requests  one  or 
more  adjournments,  the  suspension  may  extend 
during  the  period  of  time  covered  by  said  adjourn- 
ments. 

§  270-b.  In  all  cases  the  trial  of  the  accused 
must  be  conducted  within  thirty  days  from  the 
date  that  such  charges  are  served  upon  him,  except 
when  the  accused  requests  one  or  more  adjourn- 
ments of  the  hearing  extending  beyond  that  time. 
All  charges  must  be  determined  and  decision  made 
in  writing  within  five  days  after  the  trial.  All 
causes  for  complaint  against  the  accused  member 
in  existence  or  arising  prior  to  the  commencement 
of  proceedings  against  him  and  not  specified  in 
such  written  charges  shall  be  deemed  to  be  waived, 
and  such  member  sbaJl  not  at  any  time  thereafter 
be  subject  to  the  trial  of  any  such  complaints  or 
charges  not  so  included  in  said  written  charges; 
but  nothing  herein  contained  shall  prevent  the 
amendment  of  charges  so  as  to  contain  therein 
additional  specifications,  providing  such  amend- 
ments are  made  prior  to  the  determination  of  the 
other  charges.  Such  amendments  shall  be  in  writ- 
ing and  shall  be  serve<l  upon  the  accused  member, 
and  all  the  provisions  of  this  act  relating  to  orig- 
inal charges  shall  apply  thereto.  All  specifications 
contained  in  the  written  charges  shall  be  regarded 


242  Commission  Charter  [Title-VII. 

as  but  a  single  complaint  for  which  but  one  punish 
ment  shall  be  inflicted.  No  fine  of  ladditional  duty 
and  no  cumulative  punishment  shall  be  imposed. 
No  fine  shall  be  imposed  which  shall  exceed  a  sum 
equal  to  twenty  days'  salary  of  the  member  ad- 
judged guilty. 

'^  270-c.  After  the  lapse  of  two  years  from  the 
determination  that  an  accused  member  was  guilty 
of  the  charges  preferred  against  him,  such  deter- 
mination shall  not  be  considered  against  said  mem- 
ber upon  an  application  by  him  for  promotion,  nor 
shall  it  affect,  after  the  lapse  of  said  two  years, 
any  right  or  privilege  which  such  member  would 
otherwise  be  entitled  to  were  it  not  for  said  deter- 
mination. 

§  270-d.  In  case  any  such  member  is  (aggrieved 
by  the  determination  of  lany  trial  of  charges  as 
specified  in  section  two  hundred  and  fifty-one  of 
article  one  of  title  seven  of  this  act,  he  shall  have 
the  right  to  review  such  determination  in  the  man- 
ner and  time  prescribed  by  article  seven  of  title  two 
of  chapiter  sixteen  of  the  code  of  civil  procedure, 
relating  to  the  writ  of  certiorari,  and  upon  such 
review  the  court  is  empowered  to  consider  both 
questions  of  law  land  of  fact,  except  that  if  an 
appeal  is  taken  to  the  court  of  appeals  from  the 
determination  of  the  appellate  division  of  the 
supreme  conrt,  the  hearing  in  the  court  of  appeals 
shall  be  limited  to  questions  of  law  only.  The 
mayor  shall  annually  grant  to  each  member  of  the 
department  a  vacation  of  not  more  than  fourteen 
successive  days  with  pay;  he  shall  also  grant  to 
each  member  of  the  department  five  days  leave  of 
absence  with  pay  in  each  month  beginning  at  eight 
o'clock  in  the  forenoon  of  one  day  and  ending  at 


Title  Vll.]  Commission  Charter  243 

eight  o'clock  in  the  forenoon  of  the  following  day, 
and  two  nights  of  twelve  hours  each  beginning  at 
eight  0  'clock  in  the  evening  of  one  day  and  ending 
at  eight  o'clock  in  the  morning  of  the  following 
day,  but  such  leave  of  absence  may  be  suspended 
when  public  interest  so  requires.  He  shall  also 
grant  to  each  member  of  the  department  three 
hours  each  day  for  meal  time,  and  the  council  shall 
grant  to  any  member  of  the  department  who  is 
disabled  by  sickness  half  pay  for  the  period  of  his 
disability-"  not  exceeding  six  months^  and  to  any 
member  of  the  department  who  is  disabled  by  acci- 
dent in  the  performiance  of  his  duty  full  pay  for 
the  period  of  disability,  not  exceeding  one  year. 

§  271.  Such  members  of  the  fire  department  as 
shall  be  designated  by  the  council  shall  have  power 
at  all  reasonable  times  to  enter  and  examine  any 
premises,  within  the  limits  of  the  city. 

§  272.  Such  members  of  the  fire  department  as 
shall  be  designated  by  the  council  may  arrest  or 
orally  direct  any  policeman  or  person  to  arrest 
anyone  who  disobeys  his  lawful  order,  or  who  is 
intoxicated  or  disorderly  at  a  fire,  and  cause  the 
person  so  arrested  to  be  confined  temporarily  or 
until  the  fire  shall  be  extinguished. 

^  273.  Such  members  of  the  fire  department  as 
shall  be  designated  by  the  council  may  direct  any 
burning  building,  or  any  other  building  which  they 
may  deem  hazardous  and  likely  to  take  fire  and 
endanger  the  safety  of  other  buildings,  to  be  torn 
down,  blown  up  or  othenvise  destroyed.  Any  per- 
son owning,  or  having  any  interest  in,  any  build- 
ing injured  or  destroyed  under  this  section,  may, 
wit)hin  three  months  thereafter,  file  with  the  city 


244  Commission  Charter  [Title  VII. 

clerk  a  verified  statement  of  the  facts  of  such  in- 
jury or  destruction  and  the  damage  claime<l  by 
him.  If  the  claim  is  made  -within  such  time,  and  the 
city  does  not  within  two  months  compromise  or 
pay  it,  the  claimant  may  within  one  year  after  the 
building  was  so  injured  or  destroyed  present  a 
petition  to  the  supreme  court  for  the  appointment 
of  three  commissioners  to  ascertain  the  just  com- 
pensation to  be  made  to  him  therefor.  The  petition 
shall  be  verified.,  and  a  copy  of  it,  ■syith  notice  of  the 
time  when,  and  place  where  it  will  be  presented, 
shall  be  serv^ed  on  the  corporation  counsel  at  least 
fourteen  days  before  the  day  when  it  shall  be  so 
presented.  The  court  shall  hear  the  proofs  and  alle- 
gations of  the  parties,  and  shall,  in  a  proper  case, 
appoint  three  persons  as  commissioners  to  ascer- 
tain the  just  compensation  to  be  made  to  the 
claimant,  and  shall  fix  the  time  and  place  of  their 
first  meeting.  The  commissioners  shall  be  paid 
by  the  city  for  their  services  at  such  rate  as  may 
be  fixed  by  the  council.  The  commissioners  so 
appointed  shall  take  and  subscribe  an  oath  that 
they  will  faithfully  discharge  their  duties.  Any 
of  them  may  issue  subpoenas  and  administer  oaths 
to  witnesses,  and  a  majority  of  them  may  adjourn 
the  proceeding  from  time  to  time  in  their  discre- 
tion. They  shall  view  the  premises,  hear  the 
proofs  and  allegations  of  the  parties,  reduce  all 
testimony  taken  by  them  to  writing,  and  they,  or 
a  majority  of  them,  all  being  present,  shall  with- 
out unnecessary  delay  ascertain  and  determine 
the  amount  which  ought  justly  to  be  paid  by  the 
city  to  the  claimant  or  claimants.  In  determin- 
ing soich  amount  the  commissioners  shall  decide 
whether  the  building  so  injured  or  destroyed 
would  have  been  injured  or  destroyed  by  fire,  and 
if  they  decide  that  it  would  have  been  injured  or 


Title  VII.]  Commission  Charter  245 

destroyed  they  shall  not  award  to  the  claimant  or 
claimants  an  amount  exceeding  the  amount  of 
valid  insurance  which  such  claimant  or  claimants 
had  then  existing  in  their  favor  upon  such  build- 
ing, and  which  they  may  have  lost  by  reason  of  its 
destiTiction  or  injury  under  the  authority  con- 
ferred by  this  section.  And  if  they  shall  deter- 
mine that  the  said  building  would  not  have  been 
injured  or  destroyed  by  the  fire  they  shall  award 
the  full  damages  to  the  property  as  determined 
by  them. 

§  274.  Every  fireman,  and  every  person  who 
shall  have  served  as  a  volunteer  fireman  without 
pay  in  the  city  for  the  term  of  five  years^  shall  be 
exempt  from  serving  as  a  juror,  and  from  all 
militia  duty,  except  in  cases  of  insurrection  or 
invasion.  A  certificate  from  the  mayor  under  the 
city  seal  shall  be  evidence  of  such  exemption, 

§  275.  Moneys  paid  to  fire  department  by  insur- 
ance companies  and  their  agents.  There  shall  be 
paid  to  the  Firemen's  Benevolent  Association  of 
Buffalo,  for  the  use  and  benefit  of  the  fire  depart- 
ment of  said  city,  on  the  first  day  of  Februar>% 
in  each  year,  by  every  person  who  shall  act  as 
agent  for  or  on  behalf  of  any  individual  or  asso- 
ciation of  individuals,  not  incorporated  by  the  laws 
of  this  state,  to  effect  insurance  against  losses  or 
injury  by  fire  in  the  city  of  Buffalo,  although  such 
indi\dduals  or  association  may  be  incorporated 
for  that  purpose  by  any  other  state  or  country, 
the  sum  of  two  dollars  upon  the  hundred  dollars, 
and  at  that  rate  upon  the  amount  of  all  premiums 
which,  during  the  year  ending  on  tlie  next  preced- 
ing thirty-first  day  of  December,  shall  have  been 
received  by  such  agent  or  person,  or  received  by 


246  Commission  Charter  [Title  VII. 

any  other  person  for  him,  or  shall  have  been 
agreed  to  be  paid  for  any  insurance  against  loss 
or  injury  by  fire  in  said  city,  effected  or  agreed  to 
be  effected,  or  promised  by  him  as  suah  agent. 

§  275-a.  Report  of  premiums  by  agents.  Every 
person  who  shall  act  as  agent  as  aforesaid,  shall, 
on  the  first  day  of  February,  in  each  year,  render 
to  said  Firemen's  Benevolent  Association  a  just 
and  true  report,  verified  by  his  oath,  of  all  such 
premiums,  which,  during  the  year  ending  on  the 
thirty-first  day  of  December  preceding,  shall  have 
been  received  by  him,  or  by  any  person  for  him, 
or  which  shall  have  been  agreed  to  be  paid  for 
any  such  insurance  effected,  or  agreed  to  be 
effected,  or  promised  by  him.  The  said  associa- 
tion shall  prescribe  the  form  and  furnish  on  de- 
mand the  necessary  blanks  to  enable  such  agents 
to  make  such  reports.  It  sihall  have  power  through 
its  designated  representative  to  examine  any  such 
agent  under  oath  and  to  require  the  production 
by  such  agent  of  all  books  and  papers  he  may 
deem  necessary.  All  expense  of  collecting  such 
tax  shall  be  paid  by  said  associration  from  the 
funds  received  under  this  act  prior  to  the  distri- 
bution thereof  hereinafter  authorized. 

§  275-b.  Undertaking.  No  person  shall,  ad 
agent  or  otherwise,  effect  or  agree  to  effect,  or 
procure  to  be  effected,  any  insurance  upon  which 
the  tax  above  mentioned  is  required  to  be  paid, 
until  he  shall  have  executed  'and  delivered  to  the 
said  association  an  undertaking,  under  seal,  to  the 
said  association,  with  suxjh  sureties  as  the  said 
association  shall  approve  that  he  will,  on  the  first 
day  of  February,  in  each  year,  render  a  just  and 
true  report  verified  by  his  oath,  of  all  such  pre- 


Title  VII.]  Commission  Charter  247 

miums,  which,  during  tiie  year  ending  on  the 
thirty-first  day  of  December  preceding,  shall  have 
been  received  by  him,  or  by  any  person  for  him, 
or  which  shall  have  been  agreed  to  be  paid  for 
any  such  insurance  effected,  or  agreed  to  be  ef- 
fected, or  promised  by  him,  and  that  he  will,  on 
the  first  day  of  February  in  each  year,  pay  t^  the 
said  association  two  dollars  upon  every  one  hun- 
dred dollars,  and  at  that  rate  upon  the  amoun.t  of 
such  premiums. 

§  275-c.  Undertaking;  renewal  of.  Whenever, 
by  reason  of  the  failure  of  the  sureties  or  either 
of  them,  or  for  any  other  cause,  an  undertaking 
given  under  the  last  preceding  section  shall  have 
been  or  may  be  deemed  insufficient  by  the  said 
association  to  secure  a  return  of  the  report  and 
the  payment  of  the  tax  aforesaid,  or  either  of 
them,  the  said  association,  at  its  election,  but  not 
oftener  than  once  in  each  year,  may  require  such 
undertaking  to  be  renewed. 

§  275-d.  Undertaking;  penalty  for  not  execute 
ing.  Every  person  who  shall  effect,  agtee  to 
effect,  promise  or  procure  any  insurance  men- 
tioned in  the  preceding  sections  of  this  act,  with- 
out having  executed  and  delivered  the  undertak- 
ing hereinbefore  required,  shall,  for  each  offense, 
forfeit  one  thousand  dollars,  for  the  use  of  the 
said  fire  department ;  and  every  person  who  shall 
have  been  required  by  the  association  to  renew 
his  undertaking,  pursuant  to  the  last  preceding 
section,  who  shall  effect,  agree  to  effect,  promise 
or  procure  any  such  insurance,  without  ha\Hng 
executed  and  delivered  the  renewed  undertaking, 
shall  for  each  such  offense  forfeit  one  thousand 
dollars,  for  the  use  of  the  said  fire  department. 


248  Commission  Charter  [Title  VII. 

§  275-e.  Demand  for  reports.  It  shall  be  law- 
ful for  the  said  association  on  or  after  the  first 
day  of  January  in  each  year,  by  written  or  printed 
notice,  signed  by  its  treasurer,  to  require  from 
every  person  who  shall  act  as  agent,  as  aforesaid, 
the  report  provided  for  in  this  act,  and  paj^ment 
of  the  tax  provided  for ;  such  notice  may  be  deliv- 
ered personally  to  sucth  agent,  or  at  his  office  or 
place  of  business  to  any  peirson  having  charge 
thereof,  and  any  person  upon  whom  such  notice 
is  serv^ed  as  herein  provided,  who  shall  neglect 
to  render  the  report  or  to  pay  the  tax  demanded, 
or  either  of  them,  on  or  before  the  first  day  of 
February  or  within  ten  days  after  the  service  of 
such  notice,  shall  forfeit  fifty  dollars,,  for  the  use 
of  the  said  fire  department ;  and  he  shall  also  for- 
feit for  their  use  twenty-five  dollars  in  addition 
for  eveiy  day  that  he  shall  so  neglect,  after  the 
expiration  of  said  ten  days,  and  such  additional 
penalty  may  be  computed  and  recovered  up  to  the 
time  of  any  suit  for  the  recovery  thereof. 

§  275-f .  Place  of  business  to  be  reported.  Every 
person  who  shall  act  as  agent,  as  aforesaid,  shall, 
on  the  first  day  of  Februsa,ry  in  each  year,  and  as 
often  in  each  year  as  he  shall  change  Ms  place  of 
business  report  in  writing,  under  his  proper  sig- 
nature, to  the  said  association,  the  street  and  the 
number  thereof  in  said  city,  or  elsewhere,  of  his 
place  of  business  as  such  agent,  designating  in 
such  report  the  individual  or  individuals  and  as- 
sociation or  associations  for  which  he  shall  be 
such  agent.  And  in  case  of  default  in  any  of  these 
particulars,  such  person  sihall  forfeit  for  every 
offense  the  sum  of  one  thousand  dollars,  for  the 
use  of  the  said  fire  department.  Every  insurance 
company  referred  to  in  this  act  shall,  on  demand 


Title  VII.]  Commission  Charter  249 

of  the  said  association,  furnish  to  him  the  names 
and  addresses  of  all  persons  authorized  by  it  to 
write  insurance  against  loss  or  injury  by  fire  on 
property  situate  in  such  city. 

^  275-g.  Suits  for  violations.  The  tax  pro- 
vided to  be  paid  by  this  act,  the  damages  for  any 
breach  of  the  undertakings,  or  either  of  them, 
provided  for  therein,  and  the  pecuniary  penalties 
imposed  therein,  or  any  or  either  of  them,  may  be 
sued  for  and  recovered,  with  costs  of  suit,  in  any 
court  of  record  w^ithin  this  state,  by  the  said  asso- 
ciation., for  the  use  of  said  department. 

<^  275-h.  Said  association  shall  within  ten  days 
after  the  receipt  of  the  same  pay  annually  to  the 
treasurer  of  the  Firemen's  Association  of  the 
State  of  New  York,  ten  per  centum  of  the  amount 
so  received  by  him,  for  the  support  or  mainte- 
nance of  the  Volunteer  Firemen's  Home,  at  Hud- 
son, New  York.  From  and  after  the  first  day  of 
February,  nineteen  hundred  and  sixteen,  twenty- 
two  and  one-half  per  centum  of  said  amount  so 
received  as  aforesaid  shall  be  paid  to  the  treasurer 
of  the  firemen's  relief  and  pension  fund  of  the  city 
of  Buffalo  and  the  balance  of  the  amount  so  col- 
lected as  aforesaid  shall  be  paid  to  th«  treasurer 
of  the  Firemen's  Benevolent  Association  of  said 
city.  From  and  after  the  first  day  of  February, 
nineteen  hundred  land  twenty,  forty-five  per 
centum  of  said  amount  so  received  shall  be  paid 
to  the  treasurer  of  the  firemen's  relief  and  pen- 
sion fund  of  the  city  of  Buffalo,  and  forty-five 
per  centum  to  the  treasurer  of  the  Firemen's 
Benevolent  Association  of  said  city.  From  and 
after  the  first  day  of  February,  nineteen  hundred 
and  thirty-five  ninety  per  centum  of  such  amount 


250  Commission  Charter  [Title  VII. 

shall  be  paid  to  the  treasurer  of  the  firemen's 
relief  and  pension  fund  of  the  city  of  Buffalo  and 
all  pajTnents  to  the  Firemen's  Benevolent  Asso- 
ciation of  said  city  shall  cease. 

§  275-i.  On  or  before  the  first  day  of  April  in 
each  year  the  said  association  shall  deliver  to  the 
treasurer  of  the  Firemen's  Association,  of  the 
State  of  New  York  a  statement  showing  the  name 
of  each  person  or  corporation  from  whom  any 
moneys  shall  have  been  received  pursuant  to  the 
provisions  hereof  and  the  amount  paid  by  each, 
which  statement  shall  be  verified  by  its  treasurer 
to  the  effect  that  the  same  is  correct  and  true  and 
that  such  statement  correctly  shows  the  amount  of 
such  tax  received  by  such  association  since  the 
first  day  of  February  of  tlmt  year.  It  shall  also 
at  the  same  time  deliver  verified  statements  in  the 
same  form  to  the  treasurer  of  the  firemen's  relief 
and  pension  fund  of  the  city  of  Buffalo. 

§  275-j.  From  and  after  the  first  day  of  Jan- 
uary, nineteen  hundred  and  twenty-five^  the  per- 
centages to  be  paid  hereunder  shall  be  paid  to, 
collected  and  disbursed  by  the  treasurer  of  the 
firemen's  relief  and  pension  fund  of  the  city  of 
Buffalo,  in  accordance  with  the  foregoing  pro- 
visions of  law  and  all  the  powers  conferred  upon 
the  Firemen's  Benevolent  Association  of  Buffalo 
in  respect  thereto  shall  be  vested  in  and  be  exer- 
cised by  said  treasurer. 

§  276.  The  council  shall  make  ordinances  regu- 
lating the  keeping  and  sale  of  all  exp'losives  or 
highly  inflammable  fluids  and  materials,  and  pro- 
viding for  the  obtaining  of  licenses  for  such  keep- 
ing and  sale,  including  the  fixing  of  fees  therefor, 


Title  VII.]  Commission  Charter  251 

and  for  penalties  for  the  violation  of  such  ordi- 
nances, and  for  possessing  such  articles  without 
having  first  obtained  a  license  therefor. 

§  277.  There  shall  continue  to  be  maintained  in 
the  city  of  Buifalo  a  firemen's  relief  and  pension 
fund,  whidi  shall  continue  to  consist  of: 

(1 )  All  securities,  property,  and  moneys,  which 
upon  the  taking  effect  of  this  act,  are  in  the  posses- 
sion, and  under  the  control  of  the  board  of  trustees 
of  said  fund. 

(2)  All  fines,  penalties,  and  forfeitures  that 
from  time  to  time  may  be  imposed  upon  any  offi- 
cer or  member  of  the  fire  department  of  said  city 
by  way  of  discipline  collectible  from  pay  or  salary. 

(3)  All  rewards,  fees,  gifts  or  emoluments  that 
may  be  paid  or  given  for  extraordinary  services, 
rendered  by  any  officer  or  member  of  said  fire 
de<partment,  except  when  allowed  to  be  retained 
by  such  officer  or  member  by  the  council,  or  given 
to  endow  a  medal  or  other  permanent  competitive 
reward 

(4)  All  moneys  realized,  derived  or  received 
from  the  sale  of  condemned,  unfit,  and  unservice- 
able property  belonging  to  or  in  the  possession  or 
under  the  control  of  the  fire  department,  where 
the  same  does  not  exceed  the  sum  of  two  hundred 
and  fifty  dollars  in  value  for  any  one  article. 

(5)  All  fees  and  moneys  realized,  received,  or 
derived  from  the  granting  or  issuing  of  licenses 
for  the  keeping  or  sale  of  fireworks,  kerosene,  coal 
oil,  naphtha,  gasoline,  gunpowder,  and  other  ex- 
plosive materials. 


252  Commission  Charter  [Title  VII. 

(6)  All  moneys  realized,  derived,  or  received 
from  fines  or  penalties  under  the  provisions  of 
this  act  or  under  the  ordinances  of  the  city  of 
Buffalo,  or  under  the  rules  and  regulations  of  the 
council,  for  the  prevention  and  extinguishment 
of  fires,  and  for  the  conveying  and  removal  of 
gunpowder,  nitroglycerine,  and  other  explosives, 
in  and  through  the  city  or  any  part  thereof,  and 
the  keeping  and  sale  of  fireworks,  kerosene,  coal 
oil,  naphtha,  gasoline,  gunpowder,  and  other  ex- 
plosive materials. 

(7)  Three  per  centum  of  the  revenues  received 
by  the  cit}'  of  Buffalo,  as  excise  moneys  under  the 
excise  laws  of  the  state. 

(8)  Two  per  centum  of  the  salan^  of  each  of 
the  following  officers  and  members  of  the  fire 
department  shall  be  paid  into  the  said  firemen's 
relief  and  pension  fund:  chief  engineer,  assistant 
chief  engineer,  baittalion  chiefsi,  captains,  lieuten- 
ants, engineers  of  steamers,  assistant  engineers  of 
steamers,  drivers  and  all  firemen  of  the  first,  sec- 
ond and  third  grades,  and  all  other  members  of 
the  fire  department,  who,  on  the  first  day  of  July, 
nineteen  hundred  and  eleven,  were  entitled  to  be 
or  become  beneficiaries  of  the  firemen's  relief  and 
pension  fund.  All  warrants  for  the  salaries  of 
the  officers  and  members  included  in  this  section 
khall  be  drawn  for  the  amount  specified  in  each 
pay  roll,  less  two  per  centum  thereof,  and  a  war- 
rant for  the  total  amount  of  such  deductions  shall 
be  drawn  payable  to  the  order  of  the  city  treas- 
urer, who  shall  retain  same  as  part  of  the  fire- 
men's relief  pension  fund,  subject  to  the  disposal 
of  the  board  of  trustees  of  said  fund. 


Title  VII.]  Commission  Charter  253 

§  278.  The  members  of  the  ooimcil,  and  their 
successors  in  office,  are  hereby  constituted  the 
board  of  trustees  of  the  firemen's  relief  and  pen- 
sion fund.  The  said  board  of  trustees  shall  have 
the  exclusive  control,  management,  and  distribu- 
tion of  said  fund.  The  treasurer  of  the  city  shall 
be  the  treasurer  of  such  board.  Each  of  these 
officers  shall  serve  without  additional  compensa- 
tion. The  said  council  is  hereby  authorized  to 
adopt  rules  and  regulations  for  its  government; 
and  it  shall  hear  and  determine  all  applications 
for  relief  or  pension  under  this  article,  and  its 
decision  shall  be  final  and  conclusive^  and  not  sub- 
ject to  review  or  reversal  except  by  said  council; 
it  shall  cause  to  be  kept  a  record  of  all  its  pro- 
ceedings and  meetings. 

§  279.  (1)  The  council  shall  have  the  power  and 
authority  to  retire  or  discharge  from  all  service 
in  the  fire  department,  any  officer  or  member 
thereof  who  may  be  found  on  examination  by  the 
surgeon  of  the  department,  duly  certified  under 
oath,  disqualified  physically  or  mentally  for  the 
performance  of  his  duties  in  the  department  by 
reason  of  disease  or  disability  caused  or  induced 
by  the  actual  performance  of  the  duties  of  his 
position  without  fault  or  misconduct  on  his  part. 

(2)  Every  officer  or  member  of  said  department 
who  may  have  become  permanently  incapacitated 
from  performing  full  duty  as  a  fireman  by  reason 
of  disease  or  disability  caused  or  ind/uced  by 
injury,  or  by  long  service  and  exposure  while  in 
the  line  of  his  duty  as  a  firerafan,  without  fault  or 
misconduct  on  his  part,  may,  on  his  own  applica- 
tion, be  retired  from  service  by  the  council,  pro- 
\nded  the  applicant  has  been  examined  by  the  sur- 


254  Commission  Charter  [Title  VII. 

geon  of  the  department,  and  his  sAvom  certificate 
tiled,  showing  that  the  applicant  is  permanently 
disqualified  from  performing  the  duties  of  a  fire- 
man. A  pension  shall  be  granted  and  paid  to 
each  person  so  retired  from  the  said  firemen's 
relief  and  pension  fund  equal  to  lone-half  the 
annual  compensation  allowed  him  as  a  salary  at 
the  date  of  his  retirement  from  the  service,  or 
such  less  sum  in  proportion  to  the  number  of 
officers  and  members  so  retired,  as  the  condition 
of  the  fund  shall  wariiant.  But  no  officer  or  mem- 
ber of  said  department  shall  be  entitled  to  any 
allowance  as  pension  under  the  provisions  of  this 
article,  during  the  time  he  shall  be  receiving  full 
salary  from  said  fire  department. 

(3)  The  widow,  minor  child  or  children,  depend- 
ent parent  or  parents,  of  any  deceased  officer  or 
member  of  said  fire  depkairtment,  provided  the 
death  of  such  officer  or  member  occurs  during  his 
service  in  said  fire  department,  and  is  caused  or 
induced  by  injury  or  by  long  service  and  exposure 
while  in  the  line  of  his  duty,  without  fault  or  mis- 
conduct on  his  part,  or  after  he  has  retired  on 
account  of  disability,  or  is  discharged  as  herein- 
before provided,  by  reason  of  his  having  become 
physically  or  mentally  disqualified  from  perform- 
ing his  duty,  shall  be  allowed  and  entitled  to  re- 
ceive from  said  fund  an  allowance  as  pension. 
The  amount  of  such  pension  shall  be  determined 
upon  the  following  conditions: 

a.  To  the  widow  of  such  officer  or  member,  the 
sum  of  twenty-five  dollars  per  month.  But  upon 
her  remarriage,  such  pension  shall  cease. 

b.  To  each  child  of  such  officer  or  member,  under 
the  age  of  sixteen  years,  the  sum  of  five  dollars 
per  month.    Upon  the  child  attaining  the  age  of 


Title  VII.]  Commission  Charter  255 

sixteen  yeiars,  such  pension  shall  cease.  In  case 
the  widow  shall  die  or  remarry,  then  the  pension 
allowed  to  her  shall  be  paid  to  the  child  or  children 
of  such  deceased  officer  or  member  who  shall  be 
under  the  age  of  sixteen  years.  But  all  such  pay- 
ments to  any  child  shall  cease  when  such  child 
becomes  sixteen  years  of  age.  The  w^hole  amount 
paid  to  the  widow  and  minor  child  or  children  of 
any  officer  or  member  shiall  not  exceed  one-half 
the  annual  compensation  allowed  such  officer  or 
member  at  the  date  of  his  death  or  retirement. 

c.  To  the  dependent  parent  or  parents  of  such 
officer  or  member  the  sum  of  twenty-five  dollars 
per  month.  No  pension  shall  be  paid  to  a  depend- 
ent parent  or  parents  in  case  the  officer  or  mem- 
ber of  said  fire  department  so  d\dng  shall  leave 
him  surviving,  a  widow  or  minor  child  or  children. 
No  more  than  one  pension  shall  be  paid  in  case 
both  parents  survive. 

(4)  The  council  shall  provide  for  the  payment 
of  the  pensions  allowed  and  fixed  by  this  article 
from  said  relief  and  pension  fund,  and  said  coun- 
cil may  in  its  discretion,  pay  the  pension  of  said 
minor  child  or  children  to  their  mother  or  to  their 
general  or  testamentary  guardian,  or  to  the  per- 
son or  persons  who  shall  have  the  care  and  cus- 
tody of  said  minor  child  or  children,  and  the  deci- 
sion of  said  council  as  to  what  is  deemed  for  the 
best  interests  of  said  minor  child  or  children  shall 
be  final  and  conclusive,  and  payment  according  to 
its  determination  of  the  pensions  herein  provided 
for  g&aJl  be  a  full  discliarge  for  the  moneys  so 
paid. 

(5)  This  article  shall  apply  to  all  who  now  avfi 
or  shall  hereafter  become  officers  and  members  of 


256  Commission  Charter  [Title  VII. 

the  fire  department  of  the  city  of  Buffalo,  and  all 
of  such  persons  shall  be  eligible  to  the  benefits 
secured  by  the  creation  of  this  fund. 

(6)  Pensions,  as  provided  in  subdivisions  two 
and  three  of  this  section  shall  be  paid  to  officers 
and  members  of  the  department  who  have  been 
discharged  or  retired  as  therein  provided),  and  to 
the  widow,  minor  child  or  children,  or  dependent 
parent  or  parents  of  any  officer  or  member  wlio  has 
been  killed  in  the  discharge  of  his  duty  or  died  on 
account  of  disability  acquired  in  the  service  and 
in  the  line  of  duty  after  the  taking  effect  of  this 
act. 

(7)  All  moneys  ordered  to  be  paid  out  of  said 
pension  and  relief  fund  to  any  person  or  persons 
shall  be  paid  by  the  treasurer  only  upon  warrants 
signed  by  the  person  designated  by  the  couu''^;, 
and  no  warrant  shiall  be  drawn  except  by  the 
order  of  the  council,  duly  entered  in  the  record 
of  its  proceedings.  Said  council  is  hereby  author- 
ized to  deposit  said  fund  in  any  of  the  banks  of 
the  city  of  Buffalo  upon  receiving  adequate  secur- 
ity therefor,  or  to  invest  the  same  in  bonds  and 
mortgages  on  improved  real  property  worth  twice 
the  amount  loaned,  or  in  bonds  of  the  United 
States,  or  of  this  state,  or  of  the  city  of  Buffalo, 
or  of  any  city,  county,  town  or  village  of  this  state, 
issued  pursuant  to  the  authority  of  the  laws  of 
this  state.  All  interest,  income  or  dividends  which 
shall  be  paid  or  agreed  to  be  paid  on  account  of 
any  such  loan  or  deposit  shall  belong  to  and  con- 
stitute a  part  of  such  fund.  Nothing  herein  con- 
tained shall,  however,  be  construed  as  authorizing 
the  treasurer  to  loan  or  deposit  said  fund  or  any 
part  thereof  unless  so  authorized  by  the  council. 


Title  VII.]  Commission  Charter  257 

"§  280.  (1)  The  council  may  take  by  gift,  grant, 
devise,  or  bequest,  free  from  taxation,  any  real  or 
personal  property,  the  annual  income  of  which 
shall  not  exceed  in  the  aggregate  the  sum  of  thirty 
thousand  dollars.  In  any  year  when  the  condition  of 
the  relief  and  pension  fund  shall  render  it  in  the 
judgment  of  the  council  necessary,  said  council 
may  receive  from  the  city  of  Buffalo,  a  sum  not 
exceeding  five  thousand  dollars,  to  be  included  in 
its  annual  estimates,  and  drawn  and  collected  by 
it  in  like  mlanner  as  other  moneys  applicable  to 
the  expenses  of  the  city  and  the  amount  so  ob- 
tained shall  at  once  be  paid  over  to  the  council,  to 
be  used  as  a  portion  of  said  relief  and  pension 
fund. 

(2)  The  council  is  hereby  authorized  and  em- 
powered to  receive,  collect,  sue  for,  and  shall  have 
the  exclusive  right  of  recovery  of  any  and  all  fines 
and  penalties  which  lare  tc  be  paid  into  said  pen- 
sion and  relief  fund  under  this  article.  It  may  in 
the  name  of  the  city  sue  for,  recover  and  collect 
tibe  same,  with  costs,  in  the  manner  provided  for 
in  actions  under  the  code  of  civil  procedure,  and 
all  moneys  so  collected  shall  become  a  part  of 
this  relief  and  pension  fund.  The  council  may  in 
the  name  of  the  city,  bring  any  suit  or  action 
hereby  -authorized,  and  any  action  to  recover  any 
fee,  fine  or  penalty  under  this  article  or  under  siaid 
ordinances,  may  be  brought  in  the  city  court  of  the 
city  of  Buffalo. 

§  281.  Actions  to  recover  fines  and  penalties 
which  are  to  be  paid  into  the  firemen's  relief  and 
pension  fund  shall  be  brought  in  the  name  of  the 
city,  and  under  such  regulations  as  to  their  prose- 
cution as  may  be  prescribed  by  the  council  by 
ordinance  or  rule. 


258  Commission  Charter  [Title  VII. 

§  282.  All  pensions  granted  under  the  provi- 
sions of  this  chapter  shall  be  exempt  from  execu- 
tion, attachment  or  any  process  whatever.  The 
said  fund  shall  be  sacredly  kept  and  held  securej 
and  distributed  and  applied  for  the  puipose  of 
relieving  and  pensioning  persons  entitled  thereto 
and  fo,r  no  other  purpose  whatsoever.  Every  per- 
son who  knomngly  or  Millfully,  in  any  wise,  pro- 
cures the  making  or  presentation  of  any  false  or 
fraudulent  affida\^t  or  -affinnation  concerning  any 
claim  for  relief  or  pension,  or  the  payment  there- 
of, shall  in  every  case  forfeit  a  sum  not  exceeding 
two  hundred  and  fifty  dollars,  to  be  sued  for  and 
recovered  by  and  in  the  name  of  the  city,  and 
when  recovered  it  shall  be  paid  over  to,  and  there- 
upon become,  a  part  of  said  relief  and  pension 
fund.  Any  person  who  shall  willfully  swear 
falsely  in  any  oath  or  affirmation  in  obtaining  or 
procuring  any  pension  or  relief,  or  the  payment 
thereof,  under  the  provisions  of  this  title,  shall 
be  guilty  of  perjury. 

^  283.  The  board  of  trustees  existing  under  the 
prior  city  charter  is  hereby  authorized  and  di- 
rected, when  this  act  takes  effect,  to  pay  over  and 
deliver  the  moneys  and  securities  belonging  to 
the  said  firemen's  relief  and  pension  fund  to  the 
charge  and  control  of  the  council. 


AETICLE  III. 

Department  of  Health. 

§  285.  The  council  shall  exercise  all  powers  and 
be  charged  with  all  the  duties  conferred  upon  or 
required  of  local  boards  of  health  by  the  laws  of 
this  state,  so  far  as  the  same  nuay  be  applicable 


TitleVII.]  Commission  Charter  259 

to  the  city;  but  the  council  may  by  resolution 
delegate  such  of  said  powers  to,  and  impose  such 
of  said  duties  upon,  the  mayor,  or  the  health  com- 
missioner, as  shall  be  deemed  by  it  to  be  desirable. 

§  286.  Every  master  and  journeyman  plumber 
shall,  under  such  rules  and  regulations  as  the 
council  may  prescribe,  register  his  name  and 
address  with  the  health  commissioner,  and  it  shall 
not  be  lawful  for  any  person  to  carry  on  a  trade 
of  plumbing  in  the  city  unless  ihis  name  is  regis- 
tered as  herein  provided.  A  list  of  the  registered 
plumbers  in  the  city  shall  be  published  in  the 
official  paper  lat  least  once  in  each  year.  The 
drainage  and  plumbing  constructed  and  placed 
in  and  about  all  buildings,  both  public  and  private, 
shall  be  constructed,  executed  and  placed  in  ac- 
cordance with  the  plans  previously  approved  in 
writing  by  the  health  commissioner,  under  such 
rules  land  regulations  as  the  council  may  prescribe. 

§  287.  The  health  commissioner,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the 
council,  shall  have  power  to  take  measures  to  pre- 
vent the  entrance  of  pestilential  or  infectious  dis- 
eases into  the  city;  to  stop,  detain  and  examine  for 
that  purpose  any  person  coming  from  any  place 
infected,  or  susipected  to  be  infected  ^vith  any  such 
disease,  and  to  cause  any  person  infected  or  be- 
lieved to  be  infected  with  any  such  disease  to  be 
removed  to  and  detained  in  such  quarantine  hos- 
pital as  the  city  may  maintain.  For  such  pur- 
poses the  city  shall  maintain  a  quarantine  hos- 
pital. The  health  commissioner,  under  like  rulea 
and  regulations  of  the  council,  shall  have  power  to 
cleanse  infected  buildings,  vessels,  vehicles  and 
places  of  all  kinds,  and  to  destroy  furniture,  cloth- 


260  Commission  Charter  [Title  VIII. 

ing  and  other  property  of  whatsoever  character 
so  infected  as  to  be  dangerous  to  public  hetalth,  and 
to  perform  all  other  acts,  and  assume  all  other 
duties  now  vested  in  the  health  commissioner  of 
the  city,  not  inconsistent  herewith,  and  save  as 
hereafter  changed  by  ordinance. 

§  288.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  title,  or  of  the  ordinances 
adopted  by  the  council,  for  the  preservation  and 
promotion  of  the  public  health,  shall  be  deemed 
guilty  of  a  misdemeanor. 


TITLE  Vni. 

Department  of  Public  Affairs. 

ARTICLE  I. 

Department  of  Public  Instruction. 

§  290.  Until  otherwise  provided  by  the  council, 
the  department  df  public  affairs'  shall  include 
within  its  jurisdiction  the  matter  of  public  instruc- 
tion, of  which  a  board  of  education  shall  be  the 
head.  Such  board  shall  consist  of  not  less  than 
five  members,  and  as  many  more  as  the  council 
shall  by  resolution  determine,  one  of  whom  shall 
be  a  woman.  The  members  of  the  board  shall 
serve  without  pay.  Under  the  control  of  the  coun- 
cil, they  shall  have  charge  of  the  public  schools, 
their  property,  expenditures  and  affairs.  The 
superintendent,  selected  by  the  council,  shall  have 
the  immediate  supervision  of  the  sichools,  the  hir- 
ing and  discharge  after  a  hearing  of  teachers  in 
accordance  with  the  provisions  of  this  charter,  or 
the  rules  adopted  by  the  board  of  education,  and 


Title  VIII.]  Commission  Ch.\jiter  261 

subject  to  the  general  ordinances  and  regulations 
adopted  by  the  council,  and  shaU  have  the  powers 
now  possessed  by  the  superintendent  of  education, 
not  inconsistent  herewith. 

§  291.  The  city  has  power  to  establish,  maintain 
and  regulate  public  schools.  The  city  shall  be,  by 
ordinance,  divided  into  school  districts,  and  from 
time  to  time  redivided,  and  in  each  district  there 
shall  be  maintained  one  or  more  primary  or  gram- 
mar schools.  Sudh  schools  shall  be  open  and  free  to 
all  persons  between  five  and  twenty-one  yeiars  of 
age,  residing  within  their  respective  districts.  The 
city  may  maintain  and  regulate  one  or  more  high 
schools,  and  it  may  also  maintain  and  regulate 
schools  for  manual  and  technical  training,  into 
which  m)ay  be  admitted  pupils  who  shall  possess 
the  qualifications  prescribed  by  ordinance.  The 
high  school  ahaU  share  in  the  literature  fund  of 
the  state,  and  in  all  appropriations  to  academies. 
The  primary  and  grammar  schools  shall  share  in 
the  school  fund  of  the  state,  (and  in  the  appropria- 
tions made  to  public  schools. 

^  292.  All  expenses  of  the  school  department 
shall  be  included  in  and  paid  out  of  the  general 
fund.  The  council  is  hereby  authorized  to  embrace 
in  its  estimate  a  sum  not  exceeding  three  hundred 
and  fifty  thousand  dollars  annually,  which  shall  be 
used  solely  for  the  purchase  of  school  lots,  and 
the  erection,  enlargement,  repairs  and  furnish- 
ing of  school  buildings.  It  shall  be  lawful  for  the 
city  to  raise  an  amount  of  money  not  exceeding 
three  hundred  thousand  dollars  to  erect  school 
buildings  and  to  furnish  the  same  and  for  such 
purpose  it  shall  be  lawful  for  the  council  of  said 
city  by  a  vote  of  four-fifths  of  its  members  from 


262  Commission  Charter  [Title  VIII. 

time  to  time  to  authorize  the  issue  of  the  bonds 
of  said  city  to  an  amount  not  to  exceed  in  the 
aggregate  three  hundred  thousand  dollars,  bear- 
ing interest  lat  the  rate  of  not  more  than  five 
per  centum  per  annum,  interest  to  be  paid  semi- 
annually; said  bonds  to  be  due  in  not  less  than 
twenty  nor  more  than  fifty  years  from  their  date 
and  to  be  sold  at  not  less  than  their  par  value. 

<^  293.  New  teachers  shall  be  selected  for  em- 
ployment in  the  different  schools  lafter  this  act 
takes  effect  from  lists  prepared  as  to  grades  and 
qualifications  of  applicants  in  the  manner  pro- 
vided by  resolution  of  the  council;  all  teachers 
shall  be  hired  for  the  period  of  time  and  at  the 
compensation  and  upon  the  terms  and  conditions 
provided  by  ordinance.  The  courses  of  study  and 
system's  of  education  shall  be  established  by  ordi- 
nance or  in  such  other  manner  as  the  council  may 
prescribe,  and  until  provided  shall  remain  as  now 
established. 

^  294.  The  council  shall  be  the  trustees  and 
have  the  general  oare  land  management  of  the  pub- 
lic school  teachers'  retirement  fund  as  now  exist- 
ing and  shall  have  and  possess  all  the  powers 
relating  thereto  now  i>ossessed  by  the  board  of 
trustees  thereof;  the  council  is  authorized  to  es- 
tablish such  rules  and  regulations  for  the  admin- 
istration and  investment  of  sa,id  fund  las  it  may 
from  time  to  time  deem  best.  Investment  of  the 
fund  may  be  made  in  the  name  of  the  council,  in 
bonds  of  the  United  States  or  of  the  state  of  New 
York  or  of  any  municipal  corporation  of  the  state. 
The  fund  shall  consist  of  the  moneys  composing 
it  at  the  time  this  act  takes  effect,  and  moneys  to 
be  hereafter  paid  to  it  in  accordance  with  the  pro- 
visions of  this  act. 


Title  VIII.]  Commission  Charter  263 

§  29'5.  The  public  school  teachers'  retirement 
fund,  created  by  this  act,  shall  consist  of  the  fol- 
lowing moneys,  to  wit: 

(1)  All  moneys  comprising  the  public  school 
teachers'  retirement  fund  at  the  time  this  act 
takes  effect. 

(2)  An  amount  not  less  than  one  per  centum  per 
annum,  nor  more  than  two  per  centum  per  annum 
of  the  respective  salaries  paid  to  the  superintend- 
ent of  education,  assistant  superintendent,  super- 
visors, directors,  principals  and  teachers,  who  are 
regularly  employed  in  the  puMic  schools  of  Buffalo 
or  in  the  department  of  public  instruction  of  said 
city,  to  be  taken  from  said  salaries  in  four  equal 
quarterly  installments  in  the  manner  hereinafter 
described. 

(3)  Any  moneys  which  may  be  appropriiated 
for  said  fund  by  the  council  of  said  city.  And 
the  said  council  is  hereby  authorized  and  empow- 
ered in  its  discretion  to  appropriate  annually  for 
said  fund  and  to  include  in  its  annual  estimate  a 
sum  of  money  which  shall  not  exceed,  however, 
the  amount  deducted  for  the  previous  school  year 
from  the  salaries  of  the  superintendents,  super- 
visors, directors,  principals  and  teachers,  as  pro- 
vided in  the  foregoing  subdivision  two  of  this 
section. 

(4)  All  moneys  received  from  donations,  lega- 
cies, gifts,  bequests  or  otherwise,  foir  iand  on 
account  of  said  fund. 

(5)  All  moneys  which  may  be  derived  by  such 
other  methods  as  may  be  duly  and  legally  devised 
for  the  increase  of  said  fund. 


264  Commission  Charter  [Title  VIII. 

§  296.  All  persons  employed  in  the  department 
of  public  instruction  and  hereinbefore  mentioned 
as  contributors  to  said  fund,  shiall  become  annuit- 
ants under  this  act  in  manner  following^  to  vdt: 
Any  female  teacher,  officer  or  employee  of  the 
department  of  public  instruction  enumerated  in 
section  two  hundred  and  ninety-five  of  this  act 
who  shall  have  served  for  twenty  years,  and  any 
male  teacher,  officer  or  employee  of  the  depart- 
ment of  public  instruction  enumerated  in  section 
two  hundred  and  ninety-five  of  this  act  who  shall 
have  served  for  twenty-five  years,  may  be  retired 
by  the  board  of  trustees  on  the  recommendation 
of  the  superintendent  of  education  and  become  an 
annuitant  of  this  fund  during  life,  if  such  teacher, 
officer  or  employee  of  the  department  of  public 
instruction  enumerated  in  section  two  hundred 
and  ninety-five  of  this  act  has  become  permanently 
incapacitated  for  further  efficient  service;  pro- 
vided, however,  thiat  four-fifths  of  such  service 
shall  have  been  rendered  in  the  public  schools  or 
department  of  public  instruction  of  the  city  of 
Buffalo ;,  and  any  female  teacher^  officer  or  em- 
ployee of  the  department  of  public  instruction 
enumerated  in  section  two  hundred  and  ninety- 
five  of  this  act  who  shall  have  served  thirty  years 
and  any  male  teacher,  officer  or  employee  of  the 
department  of  public  instruction  enumerated  in 
section  two  hundred  and  ninety-five  of  this  act 
who  shall  have  sers^ed  thirty-five  years,  shall  have 
the  right  to  return  and  become  an  annuitant  of 
said  fund  during  life,  provided,  however,  that 
four-fifths  of  such  service  shall  have  been  ren- 
dered in  the  public  schools  or  department  of  pub- 
lic instruction  of  said  city.  In  case  any  teacher, 
officer  or  employee  of  the  department  of  public 
instruction  shall  fail  to  be  reappointed  after  hav- 


Title  VIII.]  Commission  Charter  265 

ing  served  such  period  of  time  as  would  entitle 
him  or  her  to  the  benefits  of  said  fund  under  the 
provisions  of  this  act,  such  teacher,  officer  or  em- 
ployee shall,  notwithstanding  such  termination  of 
service,  receive  the  annuity  hereby  provided.  But 
in  case  any  such  teacher,  officer  or  employee  shall 
be  removed  or  dismissed  from  service,  or  fail  of 
reappointment,  by  reason  of  misconduct,  charged 
and  established  at  the  time  of  such  termination  of 
service,  such  teacher,  officer  or  employee  siiall  not 
be  entitled  to  receive  the  benefits  of  said  fund,  but 
shall  be  entitled  to  receive  forthwith,  without 
interest,  all  moneys  paid  into  said  fund  by  him  or 
her  during  such  period  of  service. 

§  297.  Any  teacher,  officer  or  employee  so  re- 
tired or  retiring  shall  receive  las  an  annuity  an 
amount  equal  to  one-half  of  the  annual  salary 
paid  to  such  teacher,  officer  or  employee  at  the 
time  of  such  retirement;  said  annuity  sihall  not 
exceed  the  sum  of  edght  hundred  dollars  jper 
annum,  which  shall  be  paid  by  the  said  board  of 
trustees  out  of  the  fund  creiated  in  accordance  with 
this  act. 

<§>  298.  (1)  All  persons  who  are  annuitants,  as 
provided  by  this  act,  may  become  participants  in 
full  benefits  provided  that  each  such  person  pay 
into  the  public  sdbool  teachers'  retirement  fund 
such  additional  sum  as  will  make  his  or  her  total 
payments  equial  to  forty  per  centum  of  his  or  her 
salary  at  the  time  of  his  or  her  retirement. 

(2)  No  person  shall  become  an  annuitant  under 
this  act  until  he  or  she  shall  have  paid  into  the 
retirement  fund  an  amount  equal  to  forty  per 
centum  of  his  or  her  annual  salary  at  the  time  of 
retirement;  provided,  however,  th/at  no  person 


266  Commission  Charter  [  Title  VIII. 

shall  be  required  to  pay  into  said  fund  more  than 
fifteen  hundred  dollars. 

§  299.  When  in  its  judgment  the  available  fund 
shall  be  inadequate  fully  to  carry  out  the  provi- 
sions of  this  act,  said  council  is  hereby  given  the 
power  to  use  both  the  principal  and  the  income  of 
said  fund  for  the  payment  of  annuities  herein- 
before mentioned,  and  shall  have  power  to  reduce 
from  time  to  time  the  amount  of  all  annuities ;  pro- 
vided, that  such  reduction  shall  be  at  the  same 
rate  in  all  cases. 

§  300.  If  at  any  time  a  teacher,  officer  or  em- 
ployee of  the  department  of  public  instruction 
enumerated  in  section  two  hundred  and  ninety- 
five  who  shall  be  willing  to  continue  to  serve  shall 
not  be  re-elected  or  re-employed,  or  shall  be  dis- 
charged before  the  time  when  'hie  or  she  would 
under  the  provisions  of  this  act  be  entitled  to  an 
annuity,  then  such  teacher  shall  be  paid  back  all 
the  money,  mthout  interest,  which  may  have  been 
deducted  from  his  or  her  salary  under  the  pro- 
visions of  this  act. 

§  301.  Deductions  from  salaries  of  teachers, 
officers  or  employees  shall  be  made  quarterly  at 
the  following  rate,  to  wit:  One  per  centum  per 
annum  of  the  salary  of  each  of  the  persons  enum- 
erated in  the  foregoing  subdivision  three  of  sec- 
tion two  hundred  and  ninety-five  until  such  person 
shall  have  reached  the  maximum  salary  of  the 
class  or  grade  in  which  he  or  she  is  employed ;  and 
two  per  centum  per  annum  thereafter;  provided, 
however,  that  no  person  shall  be  required  to  pay 
into  said  public  school  teachers'  retirement  fund 


Title  VIII.]  Commission  Charter  267 

more  than  the  sum  specified  in  section  two  hun- 
dred and  ninety-eight. 

<§  302.  The  superintendent  of  education  shall, 
quarterly,  in  making  the  payrolls  for  the  school 
department  or  the  persons  entitled  to  share  in 
the  fund  hereby  created,  deduct  a  sum  not  exceed- 
ing thie  amount  or  proportion  prescribed  in  sec- 
tion three  hundred  and  one  from  the  salary  of 
each  of  such  persons,  and  shall  certify  the  amount 
of  such  deductions  and  the  names  of  the  persons 
from  whose  salaries  such  deductions  shall  have 
been  made;  and  such  certificate  shall  accompany 
the  payroll,  'and  a  warrant  for  the  amount  of  the 
deductions  so  certified  shall  be  drawn  payable  to 
the  order  of  the  city  treasurer,  who  shall  retain 
the  same  as  a  part  of  the  fund,  subject  to  the  dis- 
posal of  the  council. 

§  303.  The  treasurer  of  the  said  city  shall  be 
the  custodian  of  said  fund  and  he  shall  execute  a 
bond  to  the  city  with  good  and  sufficient  sureties 
to  be  approved  by  the  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 
Such  bond  shall  be  filed  in  the  office  of  the  clerk  of 
the  city,  and  in  case  of  a  breach  of  the  same  or  the 
conditions  thereof,  suit  may  be  brought  on  the 
same  in  the  name  of  said  city  for  the  use  of  the 
council  or  of  any  person  or  persons  injured  by 
such  breach. 

§  304.  The  word  "teacher>"  as  used  in  this  act, 
shall  include  all  employees  of  the  department  of 
public  instruction  enumerated  in  subdivisions  two 
and  three  of  section  two  hundred  and  ninety-five 
of  this  act. 


268  Commission  Charter  [Title  VIII. 

ARTICLE  n. 

Department  of  Pooe. 

§  305.  Until  otherwise  provided  by  the  council 
the  department  of  public  affairs  shall  include  with- 
in its  jurisdiction  the  relief  of  the  poor. 

<5.  306.  Except  in  case  of  extreme  exigency  and 
for  a  period  of  not  exceeding  one  month',  and 
under  such  regulations  as  the  council  shall  prt- 
scribe,  it  shall  not  be  lawful  for  the  city  to  grant 
aid  or  relief  to  any  person  with  whose  support  the 
city  is  not  chargeable  under  the  general  poor  laws 
of  the  state,  but  all  such  persons  shall  be  referred 
to  the  proper  state  or  county  officer. 

§  307.  All  the  books  and  records  of  the  depart- 
ment of  poor  shall  be  open  for  examination  at  all 
times  by  any  taxpayer  of  the  city,  and  the  names 
and  residence  of  all  persons  relieved,  with  other 
pertinent  facts,  shall  be  kept  in  such  books  and 
records. 

§  308.  The  council  shall  by  ordinance  provide 
for  the  proper  investigation  and  relief  of  the  city 
poor  except  that  hospital  aid  or  treatment,  desig- 
nated ''indoor  relief,"  in  abodes  provided  by  law 
for  oases  requiring  permanent  assistance,  shall  bo 
granted  only  by  the  superintendent  of  the  poor 
of  Erie  county),  or  other  proper  state  or  county 
officer  under  the  general  law^s  of  the  state,  and  all 
cases  requiring  sueh  relief  shall  be  referred  to  the 
proper  staite  or  county  officer.  Orders  for  provi- 
sions, boots  and  shoes,  fuel  and  other  necessary 
articles  to  be  furnished  to  applicants  requiring 
temporary  aid,  designated  ''outdoor  aid,"  and 
prescriptions  for  the  furnishing  of  medicines  shall 


Title  IX.]  Commission  Charter  269 

be  issued  under  such  regulations  and  by  such 
officers  as  the  council  may  provide,  and  when  so 
issued  they  shall  be  valid  evidence  of  indebted- 
ness against  the  city  in  the  hands  of  the  person, 
firm  or  corporation  accepting  and  filling  the  same. 

-§  309.  It  shall  be  a  misd-emeanor  for  any  per- 
son or  firm  to  furnish  beer,  liquors  or  intoxicat- 
ing drinks  of  any  kind  on  an  order  of  the  char- 
acter provided  in  the  preceding  section,  or  to  buy 
any  such  order  from  the  person  to  whom  it  was 
issued,  or  from  any  other  person,  before  it  has 
been  accepted  and  filled,  or  to  furnish  any  article 
not  specified  or  embraced  therein. 

§  310.  Any  fraud  practiced  or  false  representa- 
tion m^e  by  an  applicant  for  city  aid  or  relief, 
or  by  any  other  person,  to  procure  aid  or  relief 
to  be  given,  or  to  procure  any  order  for  outdoor 
aid  to  be  accepted  or  filled,  or  to  be  paid  by  the 
city,  or  any  willful  act  of  any  city  officer  or  other 
person,  designed  to  impede  or  in  any  w\ay  to  inter- 
fere with  the  just  and  proper  administration  of 
this  department  shall  be  a  misdemeanor. 


TITLE  IX. 

Department  of  Public  Works. 

§  315.  The  four  bureaus  into  which  the  depart- 
ment of  public  works  is  now  divided  shall  continue 
until  such  time  as  may  be  otherwise  provided  by 
the  council,  and  with  such  powers  and  duties  as 
are  now  possessed  by  them,  subject  to  such 
changes  and  such  modifications  thereof  as  may  be 
made  therein  by  the  council. 


270  Commission  Charter  [Title  IX. 

§  316.  All  repairs  of  accepted  streets  shall  be 
paid  for  from  the  general  fund.  The  construc- 
tion and  repair  of  all  crosswalks  and  approaches 
to  crosswalks),  and  the  cleaning  and  repairing  of 
all  public  sewers  and  receivers,  shall  be  deemed 
repairs  of  accepted  streets. 

§  317.  All  streets  or  part  of  streets  paved  at 
the  time  this  act  takes  effect,  or  which  shall  sub- 
sequently be  paved,  shall  be  deemed  accepted 
streets  within  the  meaning  of  this  title,  and  shall 
be  repaired  when  necessaiy,  if  the  superintendent 
of  public  works  certifies  that  less  than  one-third 
of  the  carriageway  is  in  condition  requiring  re- 
pairs :  but  whenever  the  superintendent  shall  cer- 
tify that  it  is  not  expedient  to  make  further  repairs 
upon  .that  pavement,  in  an  accepted  street  or  in 
the  portion  thereof  between  two  streets  that  inter- 
sect or  meet  the  same,  the  council  may  order  said 
street,  or  portion  thereof  mentioned  in  such  certifi- 
cate, r'epaved)  and  two-thirds  of  the  expenses 
thereof  shall  be  paid  by  local  assessment,  and  the 
remaining  one-third  thereof  shall  be  a  charge  on, 
and  paid  out  of,  the  general  fund  of  the  city,  as 
provided  in  this  act. 

§  318.  All  moneys  accruing  each  fiscal  year 
from  the  sale  and  use  of  water  shall  be  used  for 
the  payment  of  interest  on  all  outstanding  water 
bonds  and  all  principal  due  and  payable  in  that 
year  on  water  bonds  not  renewable,  so  far  as  the 
same  may  be  available,  and  the  balance,  if  any, 
shall  be  applied  as  a  resource  in  the  appropria- 
tions to  be  raised  by  tax  for  the  next  fiscal  year. 

§  319.  It  shall  be  the  duty  of  the  owner  and 
the  occupant  of  any  premises  in  the  city  to  at  all 


Title  IX.]  Commission  Charter  271 

times  keep  and  maintain  the  sidewalk  in  front  of 
such  premises  in  good  order  and  repair  and  to 
remove  ice  and  snow  therefrom  mthin  the  time 
and  as  required  by  the  city  ordinances.  In  case 
any  such  owner  or  occupant  shall  fail  or  neglect 
to  keep  such  sidewalk  in  good  order  and  repair, 
or  to  remove  the  snow  or  ice  therefrom  as  herein 
required,  the  superintendent  of  public  works  may 
cause  such  work  to  be  done  and  the  expense  there- 
of shall  be  a  charge  and  lien  upon  such  premises 
and  the  city  may  recover  against  such  owner  or 
occupant  the  amount  of  such  expense  by  action. 

§  320.  The  council  may  establish,  designate 
and  maintain  hydrants  'wdthin  the  city  to  supply 
the  public  with  water  and  the  expense  thereof 
may  be  assessed  upon  and  collected  from  the  prop- 
erty deemed  benefited,  in  like  manner  as  provided 
in  title  six  of  this  act  for  assessment  ;and  collec- 
tion of  assessments;  and  the  council  shall  desig- 
nate the  districts  by  boundaries  within  which  such 
assessment  shall  be  levied. 

§  321.  Such  officers  and  employees  of  the  de- 
partment of  public  works  as  shall  be  designated 
by  the  council  shall  have  authority  to  enter  any 
premises  or  building  for  the  purpose  o^f  examin- 
ing its  condition;  and  whenever  in  the  judgment 
of  any  such  officer  or  employee  any  building  or 
any  part  of  a  building  shall  be  dangerous  to  the 
public  or  unsafe,  he  may  under  the  direction  of 
the  council  order  such  building  to  be  torn  down; 
and  in  case  his  order  shall  not  be  obered  he  may 
cause  it  to  be  torn  down;  or  he  may  order  it  to 
be  repaired  so  as  to  be  safe  and  in  case  his  order 
shall  not  be  obeyed  he  may  cause  the  proper  re- 
pairs to  be  made.    The  expense  of  removing  or 


272  Commission  Charter  [Title  IX. 

tearing  do^\^l  any  unsafe  building  or  of  making 
it  or  any  portion  thereof  secure  shall  be  a  lien  on 
the  property  on  which  the  building  stood,  and  may 
be  enforced  and  collected  in  the  same  manner  as  a 
local  assessment  thereon,  or  it  may  be  recovered 
from  the  owner  of  the  premises  upon  which  the 
building  stood  by  action  brought  in  the  name  of 
the  city. 

<§>  322.  Before  the  construction  or  remodeling  of 
any  building  in  the  city  is  commenced,  the  owTier 
shall  file  ^vith  the  superintendent  of  public  works 
a  sworn  statement  of  the  character  and  use  of  the 
building  he  proposes  to  erect,  and  its  location  on 
his  premises.  And  in  all  cases,  except  where  the 
building  is  a  one  or  two-story  frame  dwelling,  or 
one  or  two-story  frame  store,  or  dwelling  within 
the  limits  where  wooden  buildings  may  be  erected, 
he  shall  file  a  copy  of  the  plans  and  specifications  of 
.such  building,  and  a  statement  which  shall  contain 
the  name  and  residence  of  the  owner,  and  the  pur- 
poses for  which  the  building  is  designed,  and 
which  shall  be  sworn  to  by  the  owner  or  his  author- 
ized agent.  The  superintendent  of  public  works 
shall,  Avithin  ten  days  after  the  filing  of  tih\e  plans, 
specifications  and  statement,  approve  the  same, 
or  indicate  in  writing  the  alterations  to  be  made 
therein  to  comply  Avith  the  general  laws  of  the 
state  and  ordinances  of  the  city,  and  no  building 
shall  be  erected  or  remodeled  until  the  approval 
of  the  superintendent  of  public  works  shall  be 
obtained,  and  a  written  permit  issued  by  him  to 
the  OAvmer  or  builder  of  such  building.  Nothing 
herein  contained  shall  affect  the  exclusive  powier 
of  the  council  to  grant  special  permits  for  build- 
ings. 


Title  IX.]  Commission  Charter  273 

§  323,  Notice  to  any  member  of  the  police  force 
of  any  defect  in  any  street  or  sidewalk  shall  not 
be  notice  to  the  city  until  information  thereof  has 
been  actually  received  by  the  superintendent  of 
public  works. 

§  324-.  All  gas,  telegraph,  telephone  and  electric 
light  companies,  having  subways  or  conduits,  or 
any  other  person  or  corporation  having  grants 
from  the  city  for  any  subways  or  conduits  in  pub- 
lic streets  or  alleys,  shall  obtain  permission  from 
the  council  for  laying  or  relaying  all  mains,  sub- 
ways and  conduits. 

§  325.  When  any  work  or  repairs  not  herein 
otherwise  specially  provided  for  shall  be  ordered 
by  the  council  upon  or  in  front  of  premises  the 
superintendent  of  public  works  shall  notify  the 
owner  or  occupant  personally  or  by  mail  at  least 
ten  days  before  the  superintendent  of  public 
works  will  undertake  the  work,  that  if  such  work 
or  repairs  is  not  done  or  made  within  ten  days  the 
same  will  be  done  by  the  city  and  the  expense 
thereof,  together  witihi  twelve  per  centum  per 
annum  from  the  time  the  work  was  done,  will  be 
assessed  upon  the  premises  in  front  of  or  upon 
which  the  same  shall  be  done  or  made  in  the  man- 
ner that  other  local  assessments  are  made. 

§  326.  All  powers  heretofore  vested  in  the 
Jubilee  water  commissioners  and  in  the  common 
council  with  reference  to  the  property  of  the  for- 
mer Jubilee  water  system  and  the  funds  derived 
therefrom  shaUi,  after  this  acit  shall  go  into  effect, 
and  a  council  be  elected  hereunder,  vest  in  said 
council. 


274  Commission  Charter  [Title  X. 

TITLE  X. 

Department  of  Parks  and  Public  Buildings. 

"S  330.  All  the  powers  and  authority  heretofore 
possessed  by  the  board  of  park  coxmnissioners  is 
hereby  vested  in  the  council;  such  ordinances,  by- 
laws, rules  and  reg-ul'ati'ons  of  said  board  of  park 
commissioners  as  are  in  force  when  this  act  takes 
effect  shall  continue  to  be  in  force  until  otherwise 
provided  by  the  council. 

§  331.  The  council  shall  have  power  by  contract 
or  otherwise  to  open,  grade,  construct,  repair  and 
maintain  roadways  of  the  approaches  to  the  parks 
and  the  assent  of  adjacent  property-owners  thereto 
shall  not  be  necessary ;  but  no  work  shall  be  done 
where  any  part  thereof  is  accessible  as  provided 
in  this  act  until  notice  of  intention  to  order  it  shall 
have  been  published  in  the  official  paper  by  order 
of  the  coomcil  at  least  twice  a  week  for  two  oon- 
s-ecutive  w^eeks  before  such  work  shall  be  ordered, 
the  last  publication  to  be  at  least  one  week  before 
the  siame  is  so  ordered  and  all  interested  parties 
sihall  hiave  an  opportunrty  to  be  heard  before  said 
board  at  such  time  as  it  shall  appoint  in  such 
notice;  provided  that  no  notice  or  hearing  shall 
be  necessary  in  the  case  of  work  the  expense  of 
which  shall  not  exceed  two  hundred  dollars.  The 
siaid  council  shall  have  power  to  control  sidewalk 
borders  and  to  plant,  regulate  and  maintain  trees 
thereon  and  to  construct  and  lay,  or  cause  to  be 
constructed  and  laid,  sidewalks  on  the  said  ap- 
proadhes  and  to  provide  by  ordinance  for  repair- 
ing same  and  remo\^ng  snow  and  ice  and  dirt 
therefrom  by  or  at  the  expense  of  the  owners  and 
occupants  of  the  property  in  front  of  which  such 


Title  X.]  Commission  Charter  275 

sidewalks  may  be,  and  to  provide  fines  and  penal- 
ties for  violation  of  such  ordinances  not  exceed- 
ing twice  the  cost  of  such  repairing  and  the  remov- 
ing of  such  ice  and  snow  and  dirt,  and  all  persons 
violating  same  sihaM  be  deemed  guilty  of  a  misde- 
meanor, and  punished  as  provided  by  law.  The 
said  approaches  shall,  within  the  intent  and  mean- 
ing of  tMs  act,  be  deemed  to  include  all  lands 
witMn  the  boimdaries  thereof,  together  with  all 
rights  and  easements  appurtenant  thereto,  and 
such  portions  thereof  as  may  be  within  the  boun- 
daries of  intersecting  cdty  streets. 

§  332.  The  officers  and  policemen  heretofore 
appointed  by  the  board  of  park  commissioners  and 
who  are  in  office  when  this  act  takes  effect  shall 
continue  in  office  as  members  of  the  regular  police 
force  of  the  city  of  Buffalo  with  the  rank  and  pay 
of  patrolmen. 

§  333.  One-half  of  all  expenses  for  opening, 
grading,  paving  or  constructing  the  roadway  or 
roadways  of  the  said  approaches  to  the  city  parks 
shall  be  paid  from  the  general  fund,  and  the  other 
half  be  defrayed  by  local  assessments  upon  the 
land's  adjacent  to  suich  approadhies,  or  which  the 
assessor  shall  determine  to  be  benefited  thereby, 
and  shall  be  a  lien  thereon,  and  assessed,  levied 
and  collected  in  the  same  manner  as  other  local 
assessments,  and  when  collected  shall  be  paid  into 
the  park  fund ;  provided  that  where  any  approach 
or  part  of  an  approach  shall  have  three  road- 
ways, the  whiole  expense  of  opening,  grading,  con- 
structing or  paving  the  central  roadway  shall  be 
paid  from  the  general  fund  and  one-half  the  ex- 
pense of  opening,  grading,  paving  or  constructing 
either  lateral  roadway  shall  be  assessed  upon  the 
private  property  adjacent  to  such  lateral  roadway 


276  Commission  Charter  [Title  X. 

and  benefited  thereby,  and  the  other  half  shall  be 
paid  from  the  general  fund.  Wliere  any  approach 
or  part  of  an  approacib  has  two  roadways  and 
no  more,  one-half  of  the  expense  of  opening,  grad- 
ing, constructing  or  paving  each  roadway  shall 
be  assessed  on  the  adjace^nt  property  benefited 
thereby,  which  shall  be  on  the  same  side  of  the 
approach  as  the  roadway  on  which  the  work  shall 
be  done,  and  the  other  half  shall  be  paid  from  the 
general  fund.  But  tiie  repair  of  all  parkways 
and  approaches  which  shall  have  been  paved  or 
macadamized  shall  be  paid  out  of  the  general  fund 
when  less  than  one-third  of  the  roadway  is  in 
condition  requiring  repair.  But  whenever  on  any 
one  or  more  blocks  or  sections  of  any  park 
approach,  more  than  one-third  of  the  roadway 
requires  repair  the  work  shall  be  deemed  paving 
anew,  and  shall  bo  paid  for  as  original  paving. 
The  council  shall  order  the  expense  of  opening, 
grading,  constructing  or  paving  such  approaches 
as  is  herein  provided  to  be  paid  by  aidjacent  prop- 
erty benefited,  to  be  assessed,  levied  and  collected 
as  local  asse-sisments,  as  hereinbefore  provided. 
The  counsel  may  corusitruot,  reipair  and  maintain 
sidewalks  upon  said  lapproadies  and  remove  snow, 
ice  and  dirt  therefrom  at  the  expensie  of  the 
o^vners  of  the  parcels  of  lands  in  front  of  which 
tihe  work  is  done,  and  shall  direct  such  expenses 
to  be  assessed  upon  the  parcels  of  land  in  front 
of  which  the  work  was  done  or  is  to  be  done,  in 
proportion  to  the  benefit;  and  the  assessor  shall 
thereupon  assess  the  same.  Such  assessments 
shall  be  liens  upon  the  property  assessed,  and  be 
levied  and  collected  in  the  same  manner  as  other 
local  assessments. 

§  334.     The  council  shall  have  power  when  the 
roadway  in  any  park  or  any  approach  thereto  is 


Title  X.]  Commission  Charter  277 

constructed  or  repaired  to  cause  connections  to  be 
made  and  extended  from  the  sewers,  ga&  pipes 
and  water  pipes,  which  may  be  therein,  to  the 
sidewalk  border  thereof  at  such  distances  apart 
as  they  shall  deem  to  be  necessary.  The  expense 
of  making  such  connections  shall  be  a  local  tax, 
and  shall  be  ordered  by  said  council  to  be  assessed 
upon  the  parcels  of  land  with  which  such  connec- 
tions shall  be  made,  upon  the  expense  thereof  being 
reported  to  it.  The  city  may  recover  the  amount 
of  such  assessments,  with  the  additions  and  inter- 
est; of  the  owners  of  such  parcels,  by  action  in  its 
name,  when  they  shall  remain  unpaid  for  more 
than  sixty  days  after  notice  of  the  confirmation 
of  the  rolls  shall  have  been  published  by  the 
assessor,  and  may  enforce  the  same  as  provided 
in  title  six  of  this  act  for  the  enforcement  of  assess- 
ments. 

'§  335.  No  telegraph,  telephone  or  electric  light 
wires,  or  otihleir  wires,  or  posts  or  supports  there- 
for, shall  be  erected  or  placed  in,  upon,  through 
or  over  said  park,  parks  or  approaches,  without 
the  consent  of  the  council,  and  the  council  shall 
have  full  power  and  authority  to  designate  the 
place  and  places  for  and  manner  of  erecting,  plac- 
ing and  maintaining  the  same,  whether  heretofore 
or  hereafter  erected  or  placed,  to  be  altered  at 
such  times  and  in  such  manner  as  it  sihall  deem  best 
for  the  interests  of  said  park,  parks  and  ap- 
proaches, and  may  require  such  wires  to  be  laid 
under  ground.  , 

§  336.  The  council  shall  have  full  power  and 
authority  over  all  trees  planted  and  to  be  planted 
in  any  of  the  streets  or  public  places  of  the  city, 
including  the  right  to  plant  new  trees  and  to  care 


>» 


278  Commission  Charter  [Title  XL 

for  the  same  and  to  remove  trees  living  or  dead, 
and  to  tirim,  spray  and  otherwise  care  for  all  such 
trees. 

"^  337.  The  terms  "park"  and  "parks"  as  used 
in  this  act  shall  include  the  grounds  known  as  the 
"Park,"  "the  Parade,"  "the  Front,"  and  all 
parks  and  public  grounds  (not  being  an  approach 
or  part  of  an  approach),  which  are  now  or  may 
hereafter  be  under  the  control  of  the  park  depart- 
ment. The  word  "approach,"  whenever  it  occurs 
in  this  act,  shall  include  the  avenues  and  parkways 
leading  to  or  connecting  said  parks,  which  are  now 
or  may  hereafter  be  under  the  control  of  the  park 
department,  and  "the  Circle,"  "the  Bank, 
"Soldiers'  Place;,"  "Oba(pin  Place,"  and  "Bid 
well  Place,"  and  all  other  lands  forming  and  desig 
nated  a  part  of  an  approach. 


TITLE  XI. 

Actions  By  and  Against  the  City. 

§  340.  The  council  shall  provide  for  the  proper 
auditing  of  all  claims  against  the  city.  Unliquid- 
ated claims  shall  be  filed  with  the  city  clerk,  and 
shall  be  made  out  in  detail,  specifying  if  for  labor 
or  services,  the  time  when,  the  place  where,  by 
wihoon  and  under  whose  direction  and  by  what 
authority  performed ;  if  for  merchandise,  material 
or  other  articles  furnished,  the  items  thereof,  by 
whom  ordered,  and  when  and  to  whom  delivered, 
and  shall  be  certified  to  be  correct  by  the  superin- 
tendent of  the  department  for  which  the  work  was 
done  or  materials  furnished ;  and  if  for  damages, 
for    wrong    or    injury,    when,    where    and    how 


Title  XI]  Commission  Charter  279 

occasioned,  and  shall  be  accompanied  by  an  affi- 
davit that  the  claim  and  the  items  and  specifica- 
tions thereof  are  in  all  resipects  correct  and  true, 
and  that  no  payments  have  been  made,  and  that  no 
set-off  exists  except  those  stated. 

<^  341.  No  action  or  proceeding  to  recover  or 
enforce  'any  claim  against  the  city  shall  be  brought 
until  the  expiration  of  forty  days  after  the  claim 
shall  have  been  filed  with  the  city  clerk  for  pres- 
entation to  the  council  for  audit,  in  the  manner  and 
form  provided  in  the  preceding  section,  and  no 
action  shall  be  maintained  against  the  city  for 
personal  injuries  unless  notice  of  intention  to  com- 
mence such  action  shall  have  been  filed  with  the 
corporation  counsel  within  two  months  after  such 
cause  of  action  shall  have  accrued.  Provided, 
nevertheless,  that  no  such  action  shall  be  main- 
tained for  damages  or  injuries  to  the  person  or 
to  property  sustained  in  consequence  of  the  exist- 
ence of  snow  or  ice  upon  any  sidewalk,  crosswalk 
or  street,  park^\nay  or  park  approach,  unless  notice 
of  intention  to  commence  such  action  shall  have 
been  filed  with  the  corporation  counsel  within  ten 
days  froim  the  time  of  receiving  the  injuries. 
Before  the  council  shall  audit  any  claim  other 
than  for  personal  injuries  or  injuries  to  property 
such  claims  shall  be  referred  to  the  auditor.  If 
the  claim  be  not  made  out  and  verified  as  above 
required  the  council  may,  witihin  thirty  days  after 
its  presentation,  refuse  on  that  ground  to  audit  it. 
All  actions  brought  against  the  city  to  recover 
damages  for  personal  injuries  caused  by  negli- 
gence must  be  commenced  within  one  year  from 
the  time  of  receiving  the  injuries. 


280  Commission  Charter  [Title  XII. 

TITLE  XII. 

Department  of  Law. 

§  342.  Upon  taking  office  the  corporation  counsel 
shall  be  deemed  to  be  substituted  as  attorney  of 
record  in  all  actions  and  proceedings  in  which  the 
city,  or  any  of  its  departments,  is  a  party,  and  it 
shall  not  be  necessary  to  enter  any  order  to  that 
effect. 

<^  343.  The  corporation  counsel  shall  deliver 
over  to  his  successor,  when  appointed  and  quali- 
fied, all  property  of  the  city,  or  of  any  of  its  depart- 
mentsv  and  all  papers  that  shall  be  in  his  posses- 
sion, and  he  shall  not  be  retained  by  the  city  in  any 
cases  except  under  extraordinary  circums-tances 
and  at  the  request  of  his  successor,  and  with  the 
approval  of  the  council. 

§  344.  It  shall  be  the  duty  of  the  corporation 
counsel  to  cause  all  claims  for  personal  injuries 
to  be  thoroughly  investigated,  and  to  that  end  he 
may  take  proof,  examine  witnesses  and  require  the 
claimant,  with  the  privilege  of  counsel,  to  appear 
before  and  be  sworn  by  a  judge  of  a  court  of 
record,  or  the  mayor^  and  answer  orally  any  ques- 
tion relative  to,  or  that  may  assist  him  in  ascer- 
taining the  city's  liability  or  the  extent  thereof, 
and  he  shall  advise  the  council  in  respect  thereto. 
The  claimant  may  designate  another  time  and 
place  for  the  examination  if  he  shall  be  physically 
unable  to  so  appear.  Such  examination  shall  be 
held  within  forty  days  after  the  presentation  of 
such  claim,  but  the  time  therefor  may  be  further 
extended  by  any  judge  of  a  court  of  record  on 
notice  to  both  parties.  No  action  shall  be  com- 
menced on  any  such  claim  where  such  examination 


Title  XIII.]  Commission  Charter  281 

has  been  required  until  the  same  is  held.  Such 
accident  report  book  as  may  be  required  by  the 
council  to  be  kept  in  the  department  of  law  shall 
only  be  open  to  the  inspection  of  the  mayor  and 
the  council. 


TITLE  XIII. 

SUPERVISOBS. 

•^  345.  The  electors  of  each  ward  shall  elect  one 
supervisor,  whose  term  of  oflfice  shall  be  two  years. 
Supervisors  in  oflfice  at  the  time  of  the  taking  effect 
of  this  act  shall  continue  in  office  until  the  expira- 
tion of  their  terms.  The  supervisors  shall  have  the 
same  powers  as  supervisors  of  the  to^vns  of  Erie 
county  and  the  supervisor  of  each  ward  shall  in 
his  ward  possess  the  powers  of  town  fence  viewers. 

§  346.  If  a  vacancy  exist  or  occur  in  the  office 
of  supervisor,  it  shall  be  filled  by  the  council  for 
the  unexpired  term.  A  supervisor  so  elected  by 
the  council  to  fill  a  vacancy  shall  be  a  resident  of 
the  ward  in  which  the  vacancy  occurs. 


TITLE  XIV. 

MtscelijAneous   Provisions    Relative   to    Public 
Grounds,  Streets  and  Waters. 

§  350.  The  council  shall  have  jurisdiction  over 
all  navigable  waters  under  the  control  of  the  city. 
The  city  officer  or  officers  designated  by  the  council 
shall  have  authority  to  direct  the  location  and 
change  of  station  of  every  steamboat,  sailing  ves- 
sel, float  or  other  craft  therein.    In  case  any  steam- 


282  CJoMMissiON  Charter  [Title  XIV. 

boat,  sailing  vessel,  float  or  other  craft  shall  be  so 
placed  as  to  obstruct  navigation  and  the  person  in 
charge  thereof  shall  refuse  to  remove  it  as  directed, 
any  such  officer  shall  cause  such  removal  to  be 
made  and  the  expense  shall  be  a  lien  on  the  steam- 
boat, vessel  or  float  so  removed  and  may  be  re- 
covered by  the  city  of  the  owner  by  action.  When- 
ever any  sunken  vessel  or  wreck  shall  obstruct 
navigation  of  any  navigable  water  under  the  con- 
trol of  the  city  any  such  officer  shall  order  the 
owner  or  person  in  charge  of  such  simken  vessel  or 
wreck  to  remove  the  same  at  once ;  and  in  case  his 
order  is  not  obeyed  he  shall  cause  the  removal  to  be 
made  and  the  expense  thereof  shall  be  a  lien  upon 
the  vessel  or  wreck  sio  removed,  and  may  be  re- 
covered by  the  city  of  the  owner  by  action. 

§  351.  The  coun<jil  shall  have  the  right  to  pro- 
vide for  the  exclusive  disposition  and  sale  of  the 
right  and  privilege  to  cut  and  remove  all  ice 
formed  upon  the  waters  under  the  jurisdiction  of 
the  city  and  to  direct  the  disposition  of  all  moneys 
received  therefor. 

§  352.  The  city  may  rent  or  lease  docks  or  rent 
or  lease  the  site  thereof,  for  such  term  of  years  as 
may  be  agreed  upon. 

§  353.  The  grade  of  each  street  shall  be  estab- 
lished and  described,  and  the  description  of  such 
grade«,  and  of  all  alterations  thereof,  shall  be  re- 
corded by  the  city  clerk.  No  street  sihall  be  worked 
until  the  grade  thereof  is  established  and  recorded. 
The  streets  shall  be  suitably  divided  into  carriage- 
ways and  sidewalks. 

•§  354.  The  city  may  discontinue  or  contract  a 
street  or  alley,  or  any  part  of  it,  upon  the  written 


Title  XIV.]  Commission  Chaeter  283 

application  of  two-thirds  in  number  of  the  owners 
of  the  lands  fronting  on  the  street  or  alley,  the 
lineal  front  of  whose  lands  shall  constitute  two- 
thirds  of  the  lineal  front  of  all  the  lands  on  the 
street  or  alley.  A  continuous  street  or  alley,  por- 
tions of  which  bear  different  names,  is  to  be  con- 
sidered as  a  single  street  or  alley. 

<§  35.3.  Whenever  it  is  proposed  by  the  council 
to  pave  or  repave  any  street  or  alley,  plans  and 
quantities  shall  be  prepared  for  doing  the  same 
with  each  kind  of  pavement,  for  the  laying  of 
which  specifications  have  been  filed  by  the  super- 
intendent of  public  works.  The  superintendent  of 
public  works  shall  advertise  for  bids  for  doing  the 
same  in  accordance  with  such  plans,  specifications 
and  quantities,  and  report  the  same  to  the  council. 
After  receiving  such  report,  the  council  shall  de- 
termine which  kind  of  pavement  shall  be  used,  and 
in  case  a  majority  petition  shall  not  have  been 
presented,  for  the  kind  so  determined  upon,  shall 
pass  a  resolution  of  intention  to  order  the  street 
paved  with  any  kind  of  pavement  it  may  select. 
The  petition  for  the  paving  or  repaving  of  any 
street  or  alley  may  specify  genenally  the  material 
to  be  used  in  such  work,  and  such  petition  shall 
be  regarded  as  an  application  for  the  use  of  any 
material  of  the  kind  designated  in  the  petition  for 
which  specifications  have  been  filed  with  the  super- 
intendent of  public  works  or  the  petition  may 
designate  particularly  any  kind  of  pavement  for 
which  specifications  have  been  filed  as  aforesaid, 
which  the  petitioner  desires  shall  be  used.  The 
specifications  may  provide  that  the  persons  sub- 
mitting bids  or  proposals  shall  agree  to  enter  into 
contract  to  do  the  work,  and  to  keep  and  maintain 
the  same  in  gwxl  repair  for  a  certain  definite 


284  Commission  Charter  [Title  XIV. 

period,  and  a  contract  may  be  entered  into  in  ac- 
cordance tiherewith,  and  a  local  assessment  made 
to  defray  the  expense  thereof,  'anything  in  this  act 
to  the  contrary  notwithstanding. 

§  356.  When  the  expense  of  the  work  or  im- 
provement mentioned  in  the  last  section  will 
exceed  the  sum  of  five  ihmidred  dollars,  it  shall 
not  be  ordered  except: 

1.  Upon  the  vote  of  fonr-fifths  of  all  the  mem- 
bers elected  to  the  council,  and  after  notice  of  the 
intention  to  order  it  shall  have  been  published 
tliree  times  a  week  for  two  weeks,  in  the  official 
paper  of  the  city;  or, 

2.  Unless  it  shall  be  applied  for  by  a  majority 
of  the  resident  owners  of  the  lands  fronting  on 
the  street  or  lalley.,  representing  at  least  two-fifths 
of  all  the  feet  front  of  the  lands  on  the  street  or 
alley,  in  and  along  which  such  improvement  is  to 
be  made,  or  if  such  improvement  is  intended  to  be 
made  in  and  along  only  part  of  such  street  or 
alley,  at  least  two-fifths  of  all  the  lands  fronting 
on  the  part  of  such  street  or  alley  as  to  which 
such  improvement  is  to  be  made.  The  application 
s-hall  be  referred  to  the  assessior,  to  ascertain 
whether  suOh  majority,  and  the  owners  of  two- 
fifths  of  the  lands,  applied  for  the  improvement. 
Unless  the  assessor  shall  certify  that  such  appli- 
cation is  made  by  a  majority  of  such  OAvners,  and 
that  they  own  .at  least  two-fifths  of  the  land  as 
herein  provided,  the  improvement  shall  not  be 
ordered.  The  assessor  shall  return  the  applica- 
tion to  the  council,  with  his  certificate  thereon  as 
to  the  facts  required,  which  certificate  shall  be 
conclusive  as  to  the  facts.  The  assessor  shall  also 
certify  whether,  in  his  judgment,  any  of  the  lands 


Title  X2V.]  Commission  Charter  285 

have  been  divided  for  the  purpose  of  affecting 
sudh  majority. 

§  357.  Whenever  the  council  is  authorized  or 
required  by  law  or  ordinance  to  order  any  work 
or  take  any  action  on  any  majority  or  other  peti- 
tion, such  petition  shall  be  referred  to  the  assessor 
to  ascertain  whether  it  is  the  necessary  majority 
petition  or  is  signed  by  the  necessary  persons  or 
sufficient  thereof,  or  represents  a  sufficient  pro- 
portion of  the  property  as  the  case  may  be,  (and 
the  assessor  shall  return  the  application  to  the 
council  witih  his  certificate  thereon  as  to  the  facts 
required^  which  certificate  shall  be  conclusive  as 
to  the  facts.  No  person  signing  a  petition  shall 
within  three  months  after  such  petition  is  pre- 
sented to  the  council  be  considered  or  counted  on 
any  other  petition  for  the  same  work  or  improve- 
ment, or  any  plart  thereof,  or  on  a  remonstrance 
against  the  same,  without  the  consent  of  the  coun- 
cil, nor  shall  any  perp'on  be  allowed  to  withdraw 
his  name  from  any  petition,  or  add  his  name 
thereto,  during  the  same  period,  without  the  like 
consent.  If  such  consent  is  given  in  either  or  any 
of  the  cases  aforesaid,  the  petition,  if  theretofore 
returned  by  the  assessor,  shall  be  again  referred 
to  him  and  he  shall  again  examine  the  petition, 
and  return  the  game  to  the  council  with  his  certifi- 
cate as  to  the  facts  required,  which  certificate  shall 
be  conclusive  as  to  the  fact®. 

'^i  358.  The  city  shall  have  power  to  ascertain, 
establish  and  settle  the  boundaries  of  all  public 
waters,  streets,  alleys,  parks,  squares,  open  spaces 
and  other  public  grounds,  to  cause  them  to  be 
surveye<l  and  described  and  to  direct  the  city  clerk 
to  record  the  same. 


286  Commission  Charter  [Title  XIV. 

§  359.  Buffalo  river  within  tlie  city  is  a  public 
highway,  but  any  bridge  built  prior  to  the  year 
eighteen  hundred  and  ninety-five,  and  now  exist- 
ing over  the  siame,  and  any  swing  or  dnaw  bridge 
thereafter  built  over  the  same,  within  the  city  by 
its  authority,  is  a  lawful  structure. 

<§>  360.  The  city  may  widen,  straighten^  enlarge, 
clear  from  obstruction,  dredge,  deepen,  embank 
and  dyke  the  Buffalo  river,  Cazenovia  creek,  the 
Black  Rock  harbor,  the  lake,  the  basins,  slips  and 
waters  in  the  city,  and  may  put  and  maintain  in 
na"vdgable  condition  all  said  waters  in  the  city 
except  Cazenovia  creek,  and  may  construct  new 
drainage  channels  to  abate  floods,  and  prevent  the 
overflow  of  the  waters  of  the  said  Buffalo  river 
and  Cazenovia  creek,  or  either  of  them.  The 
expense  or  any  part  of  the  expense  of  any  work 
or  improvement  mentioned  in  this  section  may  be 
paid  out  of  the  general  fund  or  by  local  assess- 
ments as  the  council  shall  determine,  provided, 
however,  that  not  more  than  one-tliird  of  the 
expense  of  doing  (any  of  t)he  work  or  making  any 
of  the  foregoing  improvements,  when  done  or 
made  for  the  purpose  of  abating  floods,  and  pre- 
venting th^  overflow  of  the  waters  of  the  Buffalo 
river  and  Cazenovia  creek,  or  either  of  them,  shall 
be  paid  out  of  the  general  fund,  and  the  remainder 
of  such  expense  shall  be  defrayed  by  local  assess- 
ment Nothing  in  this  act  shall  be  construed  to 
allow  the  city  of  Buffalo  to  have,  use  or  exercise 
any  control  over  th-e  canals,  basinS",  harbors,  slips 
or  other  works  belonging  to  the  state  within  the 
limits  of  the  city. 

'^  361.  When  the  city  shall  alter  the  recorded 
grade  of  any  street  or  alley,  the  owner  of  any 
house  or  lot  fronting  thereon  may,  within  one  year 


Title  XIV.]  Commission  Charter  287 

thereafter,  claim  damages  by  reason  of  such  alter- 
ation. Upon  presentation  of  such  claim,  the  coun- 
cil shall  refer  it  to  the  assessor.  The  assessor 
shall  hear  the  claimant,  and  award  such  damages 
as  shall  be  just,  subject  to  review  by  the  council. 
In  case  the  assessor  shall  award  damages  to  any 
person,  he  shall  assess  the  same  upon  the  real 
estate  benefited  by  the  alteration.  The  amount  so 
assessed  shall,  when  collected,  be  paid  to  such 
claimant. 

§  362.  T'he  city  shall  incilude  in  the  pkns,  sjmci- 
fications  and  quantities  of  the  improvement  of  any 
street  by  paving  or  otherwise,  which  shall  be  here- 
after ordered,  the  specifications  and  quantities 
of  work  and  material  necessary  to  be  done  and 
furnished  for  the  purpose  of  making  connections 
with  the  pavement  or  grade,  in  all  streets  crossing 
the  one  in  which  such  improvement  is  to  be  made, 
and  for  coimecting  the  termination  of  such  im- 
provement with  the  work  and  grade  on  such  street. 
The  expense  of  the  labor  and  materials  of  the  con- 
nections shall  be  included  in  the  assessment 
ordered  to  defray  the  expense  of  the  improve- 
men*t,  and  shall  be  assessied  upon  the  property 
benefited  thereby. 

"§  3P'3.  The  citv  may  light  the  streets  or  con- 
tract for  the  lighting  of  them,  and  may  purchase, 
construct,  maintiain  and  regulate  works  to  pro- 
vide the  city  and  its  inhabitants  with  light.  The 
city  may  contract  with  any  person  or  corporation 
for  lighting  the  public  buildings  and  the  streets 
of  the  city,  and  keeping  the  lamps  in  repair,  for 
such  time  as  the  council  shall  designate,  not  ex- 
ceeding five  years  for  any  one  contract.  Section 
fiftv  of  this  act  shall  not  vappHy  to  any  such 
contract. 


288  Commission  Charter  [Title  XV. 

TITLE  XV. 

Miscellaneous  Provisions. 

§  370.  The  council  shall  provide  by  ordinance 
the  maimer  in  which  any  paper  required  by  this  act 
to  be  presented  or  submitted  to  it  may  be  so  pre- 
sented or  submitted,  during  its  meetings  and  dur- 
ing the  intervals  between  its  meetings. 

<§>  371.  No  person  elected  or  appointed  to  any 
salaried  office  under  this  act  shall,  during  his  term 
of  office,  hold  any  other  public  office  whatever, 
except  thiat  of  notary  public  or  oommissioner  of 
deeds,  nor  shall  he  be  directly  or  indirectly  inter- 
ested in  any  contract  to  which  the  city  or  any 
department  thereof  is  a  party  if  such  contract  per- 
tains or  in  any  maimer  relates  to  the  department 
in  which  he  may  be  employed,  or  ihias  to  be  voted 
for  or  approved  by  him.  If  any  person  holding 
any  salaried  office  under  this  act  shall  accept  any 
other  public  office,  he  shall  thereby  cease  to  hold 
his  office  under  this  act.  No  officer  shall  receive 
any  compensation,  perquisite  or  benefit  in  any 
way,  except  his  salary,  fixed  by  law  or  ordinance, 
for  any  service  performed,  work  done,  or  permit 
granted  under  any  public  authority,  except  as 
notary  public  and  commissioner  of  deeds,  except 
as  in  this  act  otherwise  provided. 

§  372.  Every  bond  and  undertaking  required 
by  this  act,  or  by  any  ordinance  passed  there- 
under, shall  be  acknowledged  by  the  parties  execut- 
ing it,  and  the  sureties  therein  shall  justify  in 
the  form  herein  prescribed.  A  bond  or  under- 
taking as  prescribed  in  this  act  must,  where  two 
or  more  persons  execute  it,  be  joint  and  several 
in  form,  and  must  be  accompanied  with  the  affi- 


Title  XV.]  Commission  Ch.vrter  289 

davit  of  each  surety  siubjoined  thereto  to  the  effect 
that  he  is  a  resident  of,  and  a  householder,  or  a 
freeholder,  within  the  city,  and  is  worth  the 
amount  of  the  penalty  of  the  bond  over  all  the  debts 
and  liabilities  which  he  owes  or  has  incurred,  and 
exclusive  of  property  exempt  by  law  from  levy 
and  sale  under  an  execution.  /But  wh/ere  the 
penalty  of  the  bond  is  ten  thousand  dollars  or 
upwards,  the  sum  in  which  a  surety  is  required  to 
justify  may  be  made  up  by  the  justification  of  two 
or  more  sureties,  each  in  a  smaller  sum.  The 
certificates  of  acknolviedgment  and  the  affidavits 
of  justification  shall  be  upon  the  bond  or  undiertak- 
ing.  No  bond  or  undertaking  shall  be  accepted  or 
filed  until  approved  by  such  officer  as  the  council 
may  designate  by  ordinance,  and  his  approval  in- 
dorsed thereon. 

<§  373.  The  council  shall  have  power  to  provide 
by  ordinance  that  every  bond  given  for  the  per- 
formance of  any  contract  made  by  the  city  shall 
contain  a  clausie  that  the  person,  copartnership, 
association  or  corporation  entering  into  such  con- 
tract \yiila.  the  city  will  pay  for  all  materials  used 
and  services  rendered  in  the  execution  of  such 
contract,  and  that  any  person,  copartnership, 
association  or  corporation  furnishing  materials 
or  rendering  services  in  or  about  the  execution 
of  snch  contract  may  maintain  lan  action  to  recover 
for  the  same  against  the  obligors  in  such  bond  as 
though  said  person,  copartnership,  association  or 
corporation  were  therein  named,  provided  such 
action  be  brought  within  one  year  after  the  time 
the  cause  of  action  accrued.  The  obligors  in  lany 
such  bond  shall  be  liable  and  may  be  sued  accord- 
ingly. Notice  of  the  commencement  of  such  action 
and  of  all  proceedings  therein  shall  be  given  to 


290  Commission  Charter  [Title  XV. 

the  corporation  counsel,  and  in  default  of  such 
notice  no  recovery  shall  be  had  in  such  action. 

<§  374.  The  city  clerk  shall  record  all  official 
bonds  at  full  length,  in  a  book  kept  by  him  for 
that  pui-pose,  and,  when  required,  he  shall  make  a 
oertihed  copy  of  such  records.  In  case  of  the  loss 
of  any  bond,  the  record  thereof,  or  a  certified  copy 
of  such  record,  siball  be  received  in  evidence  with 
the  same  force  and  effect  as  the  original. 

'^  375.  Any  deputy  of  a  6ity  officer  shall  in  the 
absence  or  inability  of  liis  principal  to  perf  oim  the 
duties  of  the  office  and  during  a  vacancy  therein, 
perform  the  duties  thereof.  Each  deputy,  before 
entering  upon  his  office,  shall  take  the  oath  of  office 
prescribed  by  the  constitution,  and  give  the  *bond 
or  undertaking  prescribed  by  this  act,  or  by  the 
ordinances  of  the  city. 

§  376.  All  city  officers  and  their  deputies  shall 
be  ex-officio  commissioners  of  deeds,  but  as  such 
shall  not  be  entitled  to  receive  any  fees  from  the 
city. 

§  377.  Any  person  elected  or  appointed  under 
this  act  to  any  office  or  place,  w^o  shall,  upon  the 
expiration  of  the  term  for  which  he  was  elected  or 
appointed,  or  upon  his  removal  from  such  office 
or  place,  refuse  to  deliver  the  books,  papers  and 
effects  pertaining  to  the  office  or  place  to  his  suc- 
cessor or  other  person  having  the  right  to  their 
possession,  shall  be  guilty  of  a  misdemeanor,  and 
may  also  be  proceeded  against  in  the  manner  pro- 
vided in  the  public  officers  law. 

§  378.  Every  officer  of  the  city,  and  every  i>er- 
son  employed  by  the  city,  or  by  any  officer  of  the 


Title  XV.]  Commission  Chaeter  291 

city,  who  shall  lend  or  convert  to  his  use,  or  to  the 
use  of  another,  money  belonging  to  the  city,  shall 
be  guilty  of  larceny.  Any  officer  who  shall  will- 
fully neglect  his  duty  shall  be  guilty  of  a  misde- 
meanor. 

§  379.  The  books,  documents,  maps,  rolls  and 
papers  in  the  office  of  any  city  officer  shall,  at  all 
reasonabl-e  times,,  be  open  to  the  inspection  and 
exaimnation  of  the  public.  If  any  officer  shall 
unreasonably  refuse  to  produce  and  submit  to  the 
inspection  of  any  person  any  such  book,  document, 
map,  roll  or  paper  he  shall  forfeit  fifty  dollars  to 
the  cdty,  to  be  recovered  by  action. 

§  38Q.  The  city  is  'hereby  authorized  to  issue 
either  registered  or  coupon  bonds  under  this  act 
and  under  any  law  heretofore  or  hereafter  en- 
acted, authorizing  the  issue  of  the  bonds  of  the 
said  city,  and  shall,  at  the  request  of  the  holder  of 
any  coupon  bonds,  whether  heretofore  or  here- 
after issued,  issue  and  deliver  to  the  said  holder, 
on  delivery  and  surrender  to  the  city  thereof,  reg- 
istered bonds  of  equal  amount.  Such  bonds  shall 
be  divided  into  and  is'sued  in  such  amounts  as  the 
said  holder  shall  desire,  provided  that  the  city 
shall  not  be  required  to  issue  any  bond  for  a  less 
sum  than  one  thousamd  dollars;  ajid  pro\'ided, 
further,  that  the  bonds  so  issued  shall  be  payable 
upon  the  same  terms  and  at  the  same  time  as  the 
bonds  for  which  they  are  exchanged.  Upon  the 
delivery  and  surrender  of  registered  bonds,  with 
due  proof  of  assignment  or  transfer  thereof  as 
required  by  law,  the  mayor  and  superintendent  of 
the  department  of  finance  and  accounts  may  cancel 
said  bonds  and  issue  in  exchange  therefor  new 
registered  bonds  of  equal  amount,  to  be  payable 
upon  the  same  terms  and  ait  the  same  time  as  the 


292  Commission  Charter  [Title  XV. 

bonds  for  which  they  are  exchanged.  SuoK  bonds 
may  be  divided  into  and  issued  in  such  denomina- 
tiona  as  the  holder  shall  desire,  provided  that  the 
city  shall  not  be  required  to  issue  any  bond  for 
less  than  one  thousand  dollars.  The  city  shall 
keep  a  re«o>rd  of  all  bonds  surrendered  for  ex- 
change, and  by  whom  siiiTendered,  and  of  all 
bonds  issued  in  excliange  therefor,  and  to  whom 
issued,  containing  the  dates,  numbers  and  tlie 
amounts  of  the  said  bonds,  and  a  reference  to 
the  laws  or  resolutions  under  which  they  were 
issued.  All  bonds  issued  by  the  said  city  after 
the  thirtieth  day  of  March,  nineteen  hundred  and 
eight,  shall  be  free  and  exempt  from  all  taxation 
except  for  state  purposes. 

<§  381.  Whenever  bonds  are  issued  by^  the  cit^' 
for  the  purpose  of  raising  money,  the  council  shall 
publish  a  notice  in  five  successive  numbers  of  the 
officdiaj.  paper,  Sundays  excepted,  and  in  two  other 
daily  papers  of  the  city,  stating  the  amount  of 
bonds  to  be  issued,  tlieir  rate  of  interest  and  the 
time  of  their  payment,  and  that  sealed  proposals 
will  be  received  by  it  until  a  day  specified  in  the 
njotice,  not  less  than  ten  days  from  the  firsit  publi- 
cation thereof,  for  all  or  any  portion  of  the  bonds 
issued.  Each  proposial  shall  state  the  amount  of 
the  bonds  desiredi,  and  the  price  bid  for  each 
one  hundred  dollars  thereof.  On  the  day  specified 
in  the  notice,  the  council  shall  publicly  open  the 
proposals  and  the  bonds  shall  be  sold  to  the  per- 
son or  persons  who'se  bids  are  most  favorable  to 
the  city,  but  no  bonds  shall  be  sold  at  less  than 
their  par  value.  The  oounoil  may  reject  any  or 
lall  bids  received.  Nothing  in  this  section  con- 
tained shall  be  construed  to  prevent  the  council 
from  awarding  any  bonds  at  their  par  value  in 


Title  XV.]  Commission  Charter  293 

trust  for  any  redemption  or  sinking  fund  of  the 
city,  without  advertising.  And  nothing  in  this 
section  contained  shall  be  construed  to  prevent 
the  council  from  awarding  any  bonds  at  their  par 
value  to  the  board  of  trustees  of  the  firemen's  relief 
and  pension  fund,  the  board  of  trustees  of  the  pub- 
lic school  teachers'  retirement  fund,  or  the  board 
of  trustees  of  the  police  pension  fund,  and  as  an 
investment  of  any  of  said  funds,  without  advertis- 
ing. Whiere  no  proposals  shall  be  received,  as 
herein  provided,  for  the  par  value  of  bonds,  and 
the  accrued  interest  thereon,  after  such  advertis- 
ing, the  council  may,  within  sixty  days  thereajfter, 
award  the  bonds  so  advertised  to  any  person  for 
not  less  than  their  par  value  and  accrued  interest. 

"§  382.  Whenever  any  street  or  portion  of  a 
street,  laid  out  and  located  by  the  commissioners 
of  the  land  office  within  the  south  %"illage  of  Black 
Rock  as  known  and  designated  upon  the  records, 
surveys  and  maps  of  said  commissioners,  or  ap- 
pearing upon  said  records,  maps  or  surveys,  shall 
be  discontinued  or  contracted  as  a  public  highway 
or  street  by  the  authority  of  the  council,  the  city 
by  its  council  may  cause  to  be  conveyed  to  the 
owners  of  landis  adjaxjent  to  the  parts  of  said 
street,  which  sihall  have  been  so  discontinued,  and 
to  no  others,  the  portions  of  such  street  which 
shall  have  been  discontinued. 

<^  383.  The  printed  minutes  of  the  proceedings 
of  the  council,  when  approved  of  or  confirmed  by 
it,  and  verified  by  the  city  derk,  shall  be  received 
by  all  the  courts  of  this  state  as  a  prima  facie 
evidence  of  such  proceedings. 

^  384.  No  persooi  ^aU  be  incompetent  to  act 
as  judge,  justice,  commissioner,  referee,  juror  or 


294  Commission  Charter  [Title XV. 

witness  by  reason  of  hisi  being  a  resident  or  free- 
holder of  the  city,  in  any  action  or  proceeding  to 
which  the  city  is  a  party,  or  in  which  it  is  in- 
terested. 

§  385.  The  jonrnalis  of  the  comioil,  or  a  copy 
thereof,  certified  by  the  city  clerk,  shall  be  evi- 
dence of  the  proceedings  therein  set  forth. 

§  386.  AH  the  records,  including  all  tax  and 
assessment-roHte,  documents  and  maps  required  or 
permitted  by  law  to  be  filed  and  kept  in  lany  office 
of  the  city,  w^hen  certified  by  the  clerk,  head  or 
chief  of  said  office,  and  attested  by  the  mayor 
under  the  seal  of  the  city,  sihiall  be  admitted  in  evi- 
dence in  all  courts,  and  shall  be  presumptive  evi- 
dence of  the  facts  or  proceedings  appearing 
therein. 

.  §  387.  The  seal  at  present  used  by  the  city  as 
its  corporate  seal  shaR  continue  to  be  the  seal  of 
the  city. 

<§>  388.  Any  clerk  making  a  certified  copy  of  any 
record  under  his  controlj,  for  the  use  of  any  other 
person  than  an  officer  of  the  city,  shall  chlarge  and 
collect  a  fee  therefor,  not  exceeding  five  cents  a 
folio  for  each  paper  copied  and  twenty-five  cents 
for  his  certificate. 

§  389.  It  shall  not  be  necessary  for  the  city,  in 
any  action  or  proceeding  in  which  it  is  la  party,  to 
give  any  bond,  undertaking  or  security  on  appeal, 
or  in  ordJer  to  obtain  a  provisional  remedy,  or  to 
take  or  to  prevent  any  other  proceeding. 

§  390.  Any  officer  or  the  member  of  any  board 
authorized  by  the  council  to  make  any  investiga- 
tion, hear  any  complaint  or  conduct  ony  proceed- 


Title  XV.]  Commission  Charter  295 

ings  in  the  fonn  of  a  trial,  shall  have  power  to  ad- 
minster  oaths  and  issue  subpoenas.  Power  is 
hereby  conferred  upon  tihe  municipal  civil  service 
oommission  to  issue  subpoenas  for  witnesses  to 
appear  before  it,  to  adnuiiiister  oaths  to  such  wit- 
nesses and  to  examine  them  oonceming  the  rea- 
sons for  the  removiaR  of  any  employee  of  the  city, 
except  those  within  the  exempt  dass  under  the 
civil  service  law.  In  case  any  such  witness  shall 
refuse  to  appear,  or  answer  any  proper  question, 
he  may  be  ordered  so  to  do  by  a  justice  of  any 
court  of  record  and  punished  for  his  disobedience 
of  any  suoh  order,  in  tlie  method  provided  in  sec- 
tion twenty  of  this  aot. 

'^  391.  A  majority  of  the  members  of  any  board 
constituted  under  this  act  shall  be  la,  quorum  for 
the  transaction  of  any  business  of  the  board,  unless 
Oftlierwise  provided. 

^  392.  In  contracting  for  any  work  required  to 
be  done  by  the  city,  a  clause  shall  be  inserted  that 
the  contractor  submitting  proposals  sihall  bind 
himself  in  the  performance  of  such  work  not  to 
discriminate  either  as  to  workmen  or  wages 
against  members  of  labor  organizations;  or  to 
accept  any  more  than  eig'hft  hours  as  a  day's  work 
to  be  performed  within  nine  consecutive  hours. 
Nor  shaU  any  man  or  set  of  men  be  employed  for 
more  than  eight  hours  in  twenty-four  consecutive 
hours  except  in  case  of  necessity,  in  which  case 
pay  for  such  labor  shall  be  at  the  rate  of  time  and 
one-half  for  all  time  in  excess  of  suoh  eight  hours. 

^  393.  Except  for  repairs,  no  patented  pave- 
ment shall  be  laid,  and  no  patented  article  shall  be 
advertised  for,  contracted  for  or  puroliased  except 
under  siwh  circumstances  that  there  can  be  a  fair 


296  Commission  Charter  [Title  XVI. 

and  reasonalble  opportunity  for  competition,  the 
conditions  to  secure  w'hioh  shall  be  prescribed  by 
the  person,  board  or  body  antbiorized  to  contract 
for  STioh  article  so  advertdsied  for. 

<^  394.  The  council  shall  designate  the  banks 
in  which  the  treasurer  shall  deposit  the  money  of 
the  city,  and  require  from  each  bank  security  for 
the  payment  thereof.  It  shall  be  lawful  for  the 
city  to  borrow  money  temporarily,  from  time  to 
time,  as  occasion  requires,  in  anticipation  of  the 
collection  of  tiaxes  and  resourcesi,  from  the  bank 
depositories  so  dfesiignated,  upon  checks  signed  by 
the  treasurer,  and  countersigned  by  the  mayor,  in 
snch  amounts  as  the  council  may  authorize.  Said 
depositories  are  ^hereby  autihorized  to  loan  such 
moneys  according  to  snch  authorization. 


TITLE  XVI. 

Laws  Repealed;  When  Act  to  Take  Effect; 
Saving  Clause.  * 

§  395.  All  acts  or  parts  of  acts  inconsistent 
with  this  aict  are  hereby  repealed,  except  as  pro- 
vided in  sectioai  three  hnndred  and  ninety-eight 
hereof,  and  except  that  '*An  act  to  establisth  the 
city  court  of  Buffalo,  defining  its  powers  and  juris- 
diction and  providing  for  its  officers,"  passed 
May  twenty-ninth,  nineteen  hundred  and  nine, 
being  chapter  five  hundred  and  seventy  of  the  laws 
of  nineteen  hundred  and  nine,  and  the  acts  amend- 
ing said  act  and  supplementary  thereto,  and  chap- 
ter six  hundred  and  fifty-one  of  the  laws  of  nine- 
teen hundred  and  eleven,  establishing  th.e  chil- 


Title  XVI.]  Commission  Charter  297 

dren's  court  of  Buffalo,  and  the  acts  amendatory 
thereof  shall  not  be  repealed  or  affected  by  this 
act. 

§  396.  All  proceedings,  matters  and  things 
which  shall  have  been  begun,  or  regarding  which 
any  action  or  preliminary  steps  shall  have  been 
duly  taken  by  the  city  of  Buffalo,  or  its  depart- 
ments!, oflSoers,  agents  or  servants,  prior  to  the 
first  Monday  in  January,  ninjeteen  hundred  and 
sixteen,  are  hereby  ratified  ajid  confirmed,  and 
shall  be  oonitinued,  carried  on,  and  completed  under 
the  provisions  of  this  act,  the  same  as  if  such  pro- 
ceedings, matters  land  things  were  begun,  and  such 
action  and  steps  had  been  taken  in  conformity 
with  the  provisions  of  this  act.  Proceedings  for 
the  levying  of  taxes  and  assessments  and  the  col- 
lection of  the  same,  and  the  sale  of  lands  for  the 
non-payment  of  the  ssame,  pending  and  incomplete 
on  the  first  Monday  of  January,  nineteen  hundred 
land  sixteen,  shall  be  carried  on  and  completed 
under  the  provisions  of  this  act.  Provided,  how- 
ever, that  this  act  s'hall  not  affect  any  proceeding, 
matter  or  thing  which  was  begun,  or  regarding 
which  any  action  or  preliminary  steps  have  been 
taken  by  the  city  of  Buffalo,  or  its  departments, 
officers  and  agents  or  servants,  or  any  proceedings 
for  the  levying  of  taxes  and  assessments  and  the 
collection  of  the  same,  concerning  which  any  suit 
or  special  proceeding  is  now  pending  in  any  court, 
or  concerning  which  any  snit  or  special  proceed- 
ing shall  be  pending  on  the  first  day  of  January, 
nineteen  hundred  and  sixteen,  but  the  validity  and 
effect  of  all  s«id  proceedings,  matters  and  things, 
taxes  and  assessments,  shall  be  adjudged  and  de- 
termined in  such  suits  and  prooeedingH  as  the  same 
would  be  adjudged  if  this  act  had  not  been  passed. 


298  Commission  Charter  [Title  XVI. 

§  397.  The  mayor,  elected  by  the  people  on  No- 
vember fourth,  nineteen  htundred  and  thirteen, 
ahall  be  the  mayoo-  of  the  oity  until  the  term  of 
office  for  which  he  'has  been  elected  shall  have  ex- 
pired, subject  to  the  ipiro visions  of  this  act.  At 
the  election  prior  to  the  expiration  of  the  term  of 
office  of  the  said  mayor,  a  mayor  shall  be  elected 
for  a  term  of  four  years.  The  comptroller,  tax 
as'sesisor  and  corporation  counsel  elected  by  the 
people  on  November  fourth,  nineteen  hundred  and 
thirteen,  and  all  other  elected  officers  whose  terms 
shall  not  have  expired  on  January  firsit,  nineteen 
hundred  and  sixteen,  excepting  members  of  the 
conunon  council,  shall  retain  their  offices  until  their 
terms  of  office  sthali  have  expired,  subject  to  the 
provisions  of  this  act,  except  in  relaltion  to  removal 
from  office  and  thereafter  these  offices  shall  be 
filled  by  the  council,  as  provided  by  section  forty- 
four  of  this  act,  if  any  such  office  is  abolished  then 
such  officer  shall  be  continued  in  a  similar  position 
■\vith  compensating  duties  and  salary. 

§  398.  This  act  sihall  take  effect  immediately; 
provided,  neverthelesis,  that  the  powers  hereby 
conferred  shiaill  not  be  exercised,  and  the  provi- 
sions of  chaiplter  one  hundred  and  five  of  the  laws 
of  eighteen  !hlundT«d  and  ninety-one,  and  the  acts 
amendatory  thereof  and  supplementary  thereto, 
shall  not  be  superseded  or  affected  by  the  passage 
of  this  act,  until  the  following,  to  wit:  ''Shall 
chapter  (stating  the  chapter  number  of  this  act) 
of  the  laws  of  nineteen  hundred  and  fourteen,  en- 
titled *An  act  to  provide  a  charter  for  the  city  of 
Buffalo,'  be  approved?"  shaill  have  been  submitted 
to  thte  electors  of  the  city  of  Buffalo  at  the  general 
election  to  be  held  in  November,  nineteen  hundred 
and  fourteen,  and  a  majority  of  the  votes  cast  for 


Title  XVI.]  Commission  Charter  299 

and  against  approval  shiasll  have  been  cast  in  the 
affirmative  thereof.  In  case  the  majority  of  the 
votes  cast  for  and  against  approval  shall  be  cast 
in  the  affirmative,  the  first  prima;ry  election,  for 
the  nominiaition  of  four  councilmen  only,  sihall  be 
held  on  the  third  Tnesdiay  before  the-  general 
election,  nineteen  (hundred  and  fifteen,  and  the  first 
election  hereunder  sihall  be  held  on  the  day  of  the 
general  election  in  nineteen  hundred  and  fifteen, 
and  the  officials  then  elected,  together  with  the 
mayor  of  the  city,  as  provided  for  in  section  three 
hundred  and  ninety-seven  hereof,  shall  take  office 
hereunder  on  the  first  day  of  January,  nineteen 
hundred  and  sixteen,  and  thereafter  the  powers 
and  duties  of  the  city  and  its  officers  shall  be  as 
heredn  provided,  but  the  corporate  powers  of  the 
city  of  BuifalOk  and  the  powers  conferred  upon  its 
officers,  as  heretofore  existing,  shall  in  no  wise  be 
abridged  by  this  act  until  the  officers  so  elected 
hereimder  at  the  general  election  in  nineteen  hun- 
dred and  fifteen,  shall  have  taken  office  in  pursu- 
ance of  this  act. 


INDEX  TO  CHARTER 


A 

Section 

Acts  repealed 395 

Actions  by  city,  bond  not  required 389 

Appointments,  etc.,  how  made 45 

Assessment,  Department  of, 

additions  to  annual  tax 106 

annual  tax,  notice  of 106 

annual  assessment  roll,  shall  prepare  and 

publish  notice  of 115 

assessor  or  assessors,  appointment  of 44 

assessors,   number  of,  to   be  prescribed  by 

ordinance  110 

assessor,  powers  of Ill 

County  Clerk,  refusal  of  to  present  maps  or 

deeds  filed,  liability  for 113 

deeds  filed  with  County  Clerk,  shall  be  pre- 
sented to 113 

division  of  assessment  rolls,  how  made. ...  119 
errors  in  annual  assessment  roll,  how  cor- 
rected         116-118 

finance  and  accounts,  to  be  department  of . .  110 

local  assessments,  members  of  Board  inter- 
ested in,  Council  shall  appoint  person  to 
spread    112 

Local  assessments, 

actions  to  determine  legality  of 145-146 

additions  to 148-149 

certiorari,  writ  of 146-147 


302  Index  to  Charter 

Section 

Local  assessmeints, 

City   Clerk  sbajl   publish   roll  and  report 

objections 135-136 

City  Clerk  shall   deliver  to  assessor  when 

confirmed  138 

collection  of 147 

Corporation  Counsel  sliall  examine 134 

Council  shall  order 125 

division  of,  in  one  or  more  parts 139 

exempt,  no  lands  shall  be 141 

general  tax  rolls,  to  be  added  to 148-149-150 

installments,  when  payments  may  ibe  made 

in 152 

installment  roUs,  collection  of 153 

instaibnent  rolls,  may  issue  bonds  to  pay . . .  154 
insufficient   to    defray   expense,    additional 

shall  be  ordered 156 

lands  assessed,  how  described 128 

lands,  public  persons  occupying  shall  pay. .  142 

lien,  when  it  shaU  become 151 

monthly  assessment  roU   objected  to,   may 

confirm  whole  or  part 136 

montldy  assessment  roll,  how  ordered,  items 
omitted  from  to  be  included  in  subsequent 

roll    144 

names  omitted,  shall  not  invalidate 129 

notice  of  completion  of,  publication  of 130 

notices,  how  to  be  mailed 132 

objections  to,  how  made 135 

owners  and  agents,  record  to  be  kept  of ... .  132 

persons  aggrieved,  shall  heai 133 

shall  be  made  in  order  estimated 126 

tax  agents,  appointment  of 131 

yoid,  shiaU  make  new  roll,  action  may  be  com- 
menced for  failure 140 


Index  to  Charter  303 

Section 

Loeal  assesBmemts, 

when  returned,  new  roll  shall  be  made 137 

whole  amount  shall  be  assessed 127 

maps  and  surveys,  shall  keep ;  chief  engineer 

shall  make 113 

maps  filed  with  County  Clerk  shall  be  pre- 
sented to 113 

quorum,  majority  of  shall  constitute 110 

streets,  avenues,  etc.,  when  deemed  dedicaited  '  113 
supervisors,  shall  file  copy  of  annual  assess- 
ment roll  with  Clerk  of  Board  of 117 

tax,  apportionment  of 105 

tax  erroneously  cancelled,  how  restored ....  106 

tax  districts.  Council  shall  divide  city  into . .  110 

taxes  may  be  x>aid  with  interest 108 

Assessor  shall  complete  term  of 397 

Auditor,  apx)ointment  of 44 

B 

Section 

Banks  of  deposit  to  lOe  designated 108a-108b 

394 
Black  Rock  harbor,  authorized  to  widen,  etc., 

expense  of  how  defrayed .  360 

Boards,  quorum  of 391 

Bonds, 

authorized  to  issue 380 

exchange  of,  shall  keep  record  of 380 

par  value,  shall  not  be  sold  for  leas  than ....  381 

pension  funds,  may  award  to 381 

sale  of  bids  for,  may  be  rejected. 381 

sinking  funds,  may  be  awarded  to 381 

tax,  shall  be  exempt  from 380 

Bonds  to  City, 

approval  of 372 


304  Index  to  Charter 

Section 

Bonds  to  City, 

City  Clerk  shall  record 374 

Council,  members  of  to  file 24 

execution  of,  and  sureties  on 372 

liability  of,  not  to  be  released 18 

materials,  etc.,  used  on  public  work,  shall 

provide  for  payment  of,  action  to  collect.  373 

Buffalo,  City  of, 

boundaries  of 2 

corporate  name  of 5 

legislative  power  vested  in  the  Council 10 

oblig-ations  of 5 

powers  of 5 

ward   boundaries 3 

Mayor  and  Councilmen,  cost  of  bonds  of  to 

be  paid  by  city 47 

officials  and  employes  shall  file 47-375 

record  of,  used  in  evidence 374 

Boundaries  of  city ■ 2 

Boundaries  of  wards 3 

Bridges,  cost  of  construction  of  and  repairs  to, 

how  to  be  paid 143 

Bridges  over  Buffalo  river,  lawful  structures.  359 

Buffalo  river,  a  public  highway 359 

Buffalo  river,  authorized  to  widen,  etc.,  expense 

of,  how  defrayed 360 

Building  Commissioner,  appointment  of 44 

buildings,  unsafe,  removal  of,  etc 19 

buildings,  unsafe,  may  be  ordered  repaired 

or  torn  down. 321 

buildings,  permits  for  erection  of 322 


Index  to  Charter  305 

c 

Section 

Cazenovia  creek,  authorized  to  widen,  etc.,  ex- 
pense of,  how  defrayed 360 

Certified  copies,  fees  for  making 388 

Children 's  Court,  election  of  judge  of 70 

City  boundaries 2 

City  Clerk, 

appointment  of 21 

bonds,  official  shall  record 374 

boundaries  of  streets,  public  waters,  alleys, 

parks,  squares,  etc.,  shall  record 358 

Council,  membej^  of,  to  file  oath  of  office  and 

bond    24 

duties  of 21 

official  paper,  duty  as  to 25 

officials  and  employes  shall  file  bonds  with. .        47-375 

ordinances,  shall  keep  record  of 22 

secretary  to  Council  may  act  as 21 

City  Court,  election  of  judges  of 70 

City  Record, 

financial  operations,  publication  in 26 

puJbilication  of 26 

Civil  Service  Commission, 

appointment   of 45 

oaths,  authorized  to  administer 390 

powers  of 45 

subpoenas,  authorized  to  issue 390 

term  of  office 45 

Claims, 

action  to  enforce 341-344 

Auditor,  shall  be  referred  to 341 

damages,  to  be  accompanied  by  affidavit.  . . .  340 


306  Index  to  Charter 

Section 

daims, 

merchandise,  etc.,  to  be  certified  to 340 

personal  injuries 341-344 

unliquidated,  to  ibe  filed  with  City  Clerk ....  340 

Competency  of  resident  or  freeholder  to  act 
as  judge,  justice,  commissioner,  referee, 
juror  or  witness  when  city  is  a  party 384 

Compensation,  extra,  not  to  be  granted 46-371 

Commissioner  of  deeds,  officials  and  deputies 
shall  be  ex-officio 376 

Comptroller  shall  complete  term , 397 

Contracts  for  work,  shall  not  discriminate, 
hours  employes  shall  work  on 392 

Contracts, 
assessment  roll  confirmed  before  execution  of  50 
Buft'alo  river  and  other  waterways,  mainte- 
nance of 50 

expense  exceeding  $1,000 50 

expense  to  be  paid  by  local  assessment 50 

shall  not  be  divided 50 

Corporation  Counsel, 

appointment   of 44 

attorney  of  record,  deemed  to  be  substituted 

as 342 

personal  injuries,  shall  investigate  claims 
for,  time  in  which  action  may  be  com- 
menced     344 

property,  papers,  etc.,  shall  deliver  to  succes- 
sor    343 

retiring,  shall  not  be  retained  except 343 

term  of,  shall  complete 397 

Council,  the, 

acts  of.  to  be  authenticated  by  Mayor 42 

appointments,  promotions,  etc.,  how  made. .  45 


Index  to  Charter  307 

Section 

Council,  The, 

banks  of  deposit  to  be  designated  by 108a-108b 

394 
bonds  of  members  of,  cost  of  to  'be  borne  by 

city    47 

books,    records,    etc.,    members   of   to   have 

access  to 42 

boundaries  of  streets,  public  waters,  alleys 

parks,  public  squares,  etc.,  shall  ascertain  358 

buildings,  may  order  repaired  or  torn  down.  321 

Chairman,  temporary,  how  chosen 11 

City  Clerk,  shall  appoint 21 

city  record,  publication  of 26 

Civil  Service  Commission  shall  appoint 45 

departments  41 

departments,  meonbers  to  be  designated  as 

heads  of 43 

departments,  shall  provide  rooms  for 49 

drainage  and  plumbing,  shall  prescribe  rules 

for 286 

duties  of  depao^ments,  shall  prescribe 41 

duties,  inabdUty  to  perform,  may  designate 

member  48 

election  of  Mayor  and  members  of 70 

employees,  salaries  to  be  fixed  by 46 

executive  and  administrative  powers  vested 

in 40-41 

financial  operations,  publication  of 51 

health  boards,  shall  have  power  of 285 

hydrants  for  use  of  public,  may  establish . . .  320 

journal  of,  how  kept  and  published 11 

Jubilee    Water    Commissioners,    powers    of 

vested  in 236 

legislative  power  vested  in 10 

Mayor  to  act  as  Chairman 11 


308  Index  to  Charter 

Section 

Council,  The, 

meetings  of,  shall  be  public 11 

meetings  of,  special,  how  called  and  business 

transacted  at 12 

military  aid,  powers  to  require 252 

minutes  of,  to  be  received  in  evidence 383-385 

nomination  of 70-71 

nomination,  petition  for  to  be  filed,  form  of  71-72 

oath  of  office  and  bond  to  be  filed 24 

oaths,   authorized   to   administer  and   issue 

subpoenas 390 

officers,  appointment  of *. 44 

ordinances  to  be  signed  by  IVIayor  or  two 

Councilmen  and  recorded 11 

ordinances,  to  enact 13 

papers  required  to  be  presented,  shall  pro- 
vide ordinance  relative  to  presentation .  . .  370 
Park  Commissioners,  powers  of  vested  in .  . .  330 

public  safety.  Mayor  to  be  head  of 42 

questions,  right  to  vote  on 10 

quorum   of 10 

resolutions,  etc.,  to  be  reduced  to  writing  and 

read 11 

salaries  of,  members  of 10 

secretary,  City  Clerk  may  act  as 21 

subpoenas,  authorized  to  issue 20-390 

teas,  districts,  shall  divide  city  into 110 

terms  of  office  of  members  of 10 

vacancy  in  office  of,  how  filled 23 

vacancies  to  be  filled  by 44 

vote,  ayes  and  nays  to  be  recorded 11 

votes  required,  except  when  otherwise  speci- 
fied    10 


Index  to  Charter  309 

Section 

Votes  required, 

bonds,  to  issue  for  school  purposes,   four- 
fifths 292 

fines  and  penalties,  to  release  or  remit,  four- 
fifths  18 

funds  additional,  to  provide,  four-fifths ....  104 

liabilities  to  release,  unanimous 18 

ordinances,  to  pass,  four-fifths 31 

paving  or  repaving  on  notice  of  intention, 

four-fifths sub.  1,  356 

redemption  of  lands  sold  for  taxes,  unani- 
mous    188 

rewards,  authority  to  offer,  four-fifths 17 

sewers,  construction  of  part  of  in  districts 

to  be  paid  for  in  installments,  four-fifths.  155 

work  or  improvement,  to  order,  four-fifths.  50 

County  shall  refund  mxmey  paid  by  city 263 

D 

Section 

Departments, 

Council  shall  provide  rooms  for 49 

Deputies  to  perform  duties  of  principals 375 

Docks,  may  maintain 143 

Docks,  may  rent  or  lease. 352 

Documents,  etc.,  when  received  in  evidence. . .  386 

Dogs,  permits  to  run  at  large 261 


£ 

SectloD 
Education,  Department  of, 
board  of,  appointment  of 44 


310  Index  to  Charter 

Section 

Education,  Department  of, 

superintendent,  appointment  of 44 

see  also  ** Public  Instruction." 

Effective 398 

elected  officers  to  complete  terms 397 

Election  and  Primaries, 

ballot  to  conform  to  election  law 86 

ballot,  tally  sheet,  etc.,  to  be  as  provided 

by  election  law sub.  1,  93 

ballots,  etc.,  to  be  furnished 81-85-87 

canvass,  by  whom  and  how  made 90 

certificates  of  nomination 91 

election  officers  shall  serve  at  primaries ....  83 

election  law  to  apply 88 

elections  special,  see  "special  elections"  ex- 
penses, how  paid 84 

marking  ballots,  etc sub.  3,  93 

paster  may  be  used. sub.  2,  93 

polling  places,  location  of  to  be  published. .  82 

primaries   79 

primaries,  who  may  vote  at 80 

register,  revising  and  correcting 80 

special  elections  see  "special  elections." 

tally  sheet,  form  of sub.  4,  93 

vacancies  after  nomination,  how  fiUed 92 

voting  machines,  permitted  to  use 89 

voting  machines,  use  of sub.  5,  93 

Eminejit  domain, 

assessments  set  off  against  awards 233 

awards,  payment  of 232 

a%\iatt^,  moneys,  how  raised  to  pay  same.  . .  .      231-232 

award  set  off  against  assessments 233 

Code  of  civil  procedure  not  to  apply 243 


Index  to  Charter  311 

Section 

Eminent  domain, 

change  of  ownership  not  to  affect  proceedings  223 

Commissioners  in,  vacancy 224 

Commissioners,    extension  of   time    to   file 

report   224 

Commissioners,  oath  of 225 

Commissioners,  report  of 225 

Commissioners,    power   to   issue   subpoenas 

and  administer  oaths 225 

Commissioners  in,  disagreement  of 226 

Commissioners,  notice  of  application  for. . . .      221-222 

Conmiissioners,  appointment  of 222-225 

Common  Council,  action  on  report 227 

compensation  of  Commissioners 230 

confirmation  of  report,  conclusive 227 

confirmation  of  report,  record  of 229 

court  miaiy  confirm  or  refer  back  report 227 

defective  proceedings  may  be  proceeded  anew  218 
discontinuance  or  abandonment  of  proceed- 
ings    223 

district  to  be  assessed.  Board  of  Assessors  to 

certify  to 219 

fee  of  laiids  taken,  when  vested  in  city 232 

injunction  against  the  city  in,  forbidden ....  224 
lands  used   for  public   purposes,   easement 

may  be  taken 216 

leasee  upon  lands  taken,  when  to  expire,  etc .  234 

notice  by  Corporation  Counsel 221 

notice  to  attorneys 223 

notice  of  proceedings 221-223 

notice  of  pendency 223 

order  appointing  Commissioners,  to  be  filed .  223 

orders  necessary',  power  of  court  to  make. . .  224 
payment  of  awards  into   court  in  certain 

cases   232 


312  Index  to  Charter 

Section 

Eminent  domain, 

power  to  take  lands 215 

practice  in,  to  conform,  etc 224 

proceedings  not  to  be  enjoined 224 

proceedings  to  perfect  title 215 

proceedings  to  take  Lands,  mode  of  procedure     219-229 

proceedings.  Clerk  of  Court  to  make  roll  of.  228 

record  of  order  of  confirmation 229 

report  when  filed,  to  be  reported  to  Council .  227 
report  of  Assessors  must  be  confirmed  before 

Council  declares  intention  to  take 219 

resolution  of  intention  must  describe  lands, 
define  district  that  will  be  assessed,  and 

how  expenses  shall  be  paid 219 

resolution  of  inteaition,  publication  of 219 

resolution  of  determination  must  be  adopted 
within  three  months  after  expiration  of 

publication  of  notice  of  intention 220 

sale  of  lands  abandoned .237-238-239 

240-241-242 

streets,  power  to  take  fee  in 235 

streets,  alleys  and  squares,  used  as  such  for 
more  than  ten  years,  proceedings  to  take 

fee  of 235-236 

taxes  and  assessments,  ajfter  confirmation  of 

report. 227 

territory  benefited,  determiaation  of 219 

various  parcels  may  be  taken  under   one 

proceeding   217 

Employees,  salaries  of,  by  whom  fixed 46 

enabling   act 396 

engineer,  appointm^ent  of 44 

Erie  County  shall  refund  money  to  city 263 

Explosives,  etc.,  license  for  sale  of 276 


BUREAU  OF  GOVERNMENTAL  RESEARCH 

LIBRARY 

44  LIBRARY  BUILDING 

Index  to  Charter  313 
F 

Seetf.on 

Finance  and  accounts, 

action  to  recover  unpaid  tax 107 

additions  to  annufil  tax 106 

annual  tax,  notice  of 106 

assessment,  department  of,  to  be  subordinate 

department  of 110 

bonded  debt,  amount  to  be  placed  in  esti- 
mates      102 

bonds,  authorized  to  issue 101 

bonds  for  addition  funds,  when  payable ....  104 

estimates,  adoption  of 102 

expenditures  not  to  exceed  estimate '  104 

fiscal  year 100 

Fourth  of  July,  etc.,  amount  may  be  appro- 
priated for 103 

funds,  authorized  to  raise 101 

funds  additional,  how  provided 104 

Memorial  Day,  amount  may  be  appropriated 

for  observance  of 103 

money  to  be  paid  to  Treasurer 108a 

premiums  on  bonds  to  be  included  in  re- 
sources    102 

tax,  apportionment  of 105 

tax  erroneously  marked  cancelled,  how  re- 
stored      106 

taxes  may  be  paid  with  interest 108 

financial  operations,  publication  of 26-51 

fines  and  penalties,  how  releiased 18 

Fire  Department, 

appeal  from  conviction 270d 

arrests,  authorized  to  make  or  direct 272 

buildings,  authorized  to  destroy,  compensa- 
tion   for 273 

chief,  appointment  of 44 


314  Index  to  Charter 

Section 

Fire  Departmeait, 

conviction  of  on  charges,  shall  not  be  con- 
sidered against 270c 

explosives,  etc.,  license  for  sale  of,  etc 276 

Firemen's  Benevolent  Association, 

firemen's  association,  fees  to  be  paid  to.  . .  .  275h-275i 

275j 
insurance  premiums,   report  of . .  275a-275b-275c-275d 

275e-275f-275g 

moneys  to  be  paid  to 275 

government  of 270 

jurj^  and  militia  duty,  exempt  from 274 

premises,  autihorized  to  enter  and  examine . .  271 

Kelief  and  Pension  Fund, 

execution,  pensions  exempt  from 282 

fines,  etc.,  authoirized  to  collect sub  2,  280-281 

gifts,  etc.,  authorized  to  accept sub.  1,  280 

moneys  to  be  paid  into 277 

moneys,  how  paid  out sub.  7  279 

moneys  and  securities,  directed  to  turn  over 

to  Council 283 

persons  entitled  to sub.  5-6  279 

retirement    sub.  1-2  279 

trustees  of 278 

\vidows,    children   and    dependent    parents 

sub.  3-4    279 

removal  and  suspension  of  members  of . . . .  270-270a- 

270b 

subpoenas,  authorized  to  issue 270 

fiscal  year 100 

Franchises, 

election,  special  to  vote  on,  cost  of  how  paid .  33 
resolutions    granting,    how    presented    land 

puiblished    32 

streets,  etc..  to  occupy  or  use,  how  granted, .  33 

switches  or  sidings,  permits  for,  how  granted  34 


Index  to  Charter  315 

G 

Section 

Gambling  houses, 
authorized  to  make  arrests  and  seize  imple- 
ments    258 

Gas  connections, 

duty  to  make 144 

General  Fund,  see  "Finance  and  Accounts," 

H 

Section 

Health  Department, 

appointment  of  Commissioner 44 

buildings,  authorized  to  cleanse,  etc 287 

drainage  and  plumbing,  plans  for  to  be  ap- 
proved  by 286 

pestilential  or  infectious  diseases;  power  to 

prevent  entrance  of  into  city 287 

plumbers  shall  roister,  list  of  to  be  pub- 
lished      286 

powers  .of 285 

property,  authorized  to  destroy 287 

violation  of 288 

hydrants  for  use  of  public,  may  establish 320 

I 

Section 

Ice, 
authorized  to  dispose  of 351 

J 

Section 

Jubilee  Water  Commissioners, 

powers  of  vested  in  Council 326 

juror,  justice,  etc.,  competency  of  freeholder 

to  act  as  when  city  is  a  party 384 

jurors,  list  of,  where  taken  from 110 


316  Index  to  Charter 

L 


M 


Section 


Law,  Departonent  of, 

attorney  of  record,  deemed  to  be  substituted 

as    342 

Corporation  Counsel,  appointment  of 44 

personal  injuries,  shall  investigate  claims 
for,  time  in  which  action  may  be  com- 
menced     344 

property,  papers,  etc.,  shall  deliver  to  suc- 
cessor    343 

retiring  shall  not  be  retained,  exeespt 343 

term  of,  shall  complete 397 

Laws  repealed 395 

Liaibilities,  how  released 18 

Light,  may  maintaiA  plant  for  furnishing. . . .  363 

Lighting  streets  and  public  buildings,  may  con- 
tract for i 363 

Local  assessment  roUs,  see  ''Assessment,  De- 
partment of." 


Section 


Markets, 

appointment  of  superintendent  of 44 

Mayor, 

acts  of  Council  to  fbe  authenticated  by 42 

bond  of,  cost  of  to  be  borne  by  city 47 

books,  records,  etc.,  shall  have  access  to 42 

Council,  shall  act  as  Chairman  of 11 

elections,    shall    detail    officers    at    poUing 

places   259 

gambling    implements,    etc.,    authorized    to 

destroy   258 


Index  to  Charter  317 

Section 

Mayor, 

licenses,  shall  issue 42 

ordinances  to  be  authenticated  by 22 

petition  for  nomination,  when  to  be  filed, 

form  of 71-72 

public  safety,  to  be  superintendent  of  de- 
partment of 42 

rewards,  authorized  to  offer 17 

salary  of  fixed 10 

seal,  shall  have  custody  of 42 

subpoenas,  authorized  to  issue 20 

term  of,  shall  complete 397 

vacancy  in  office  of,  how  filled 23 

veto,  has  not  power  of 11 

warrants,  criminal,  authorized  to  issue 253 

Military  aid,  ix>wer  of  Council  to  require ....  252 

Money  belonging  to  city  shall  not  lend  or  use .  378 

authorized  to  borrow 394 

Monthly  Assessment  Roll, 

how  ordered 144 

items  omitted  may  be  included  in  later  roll .  .  144 


N 

Nominations,  see  "Petitions  for  Nomination." 


o 


Section 


Oath  of  office,  members  of  Coimcil  to  file 24 

oatli  of  office,  deputies  shall  take  and  file.  . .  375 

oaths,  authorized  to  administer 390 

officers  elected,  shall  complete  term 397 


318  Index  to  Charter 

.  Section 

Officers  of  city, 
acceptance  of  other  public  office  shsail  cease 

to  hold 371 

Ibonds,  shall  file 24-47-375 

books,    pajpers,    etc.,    failure   to    deliver    to 

successor,  guilty  of  misdemeanor 377 

books,  etc.,  to  be  open  for  inspection,  penalty 

for   refusal 379 

compensation,  extra,  shall  not  receive 46-371 

contracts,  shall  not  be  interested  in 371 

deputies  to  perform  duties  of  principals. . .  .  375 
duty,  neglect  of,  persons  guilty  of  misde- 
meanor     378 

money  belonging  to  city  shall  not  lend  or 

use 378 

public  offices,  other  shall  not  hold,  except. . .  371 

Official  Paper, 

contract  for 25 

how  designated 25 

notice  to  publishers  of  daily  papers 25 

publication  when  commenced  shall  be  com- 
pleted      25 

rates  that  may  be  chained 25 

Officials,  shall  file  bonds 24  47-375 

Ordinances, 

accounts,  etc.,  to  prescribe  method  of  keep- 
ing  sub.  10  13 

batliing    sub.  2  13 

births,  etc.,  to  keep  record  of. ... .  .sub.  6-9  13 

Ibonds  of  officials,  to  require  laind  fix  amount 

of    sub.  8  13 

bmldings,  erection  of sub.  3  13 

burial  grounds,  to  purchase sub.  6  13 

burials,  to  regulate sub.  6  13 


Index  to  Chabter  319 

Section 

Ordinances, 

City  Clerk  to  keep  record  of ^ 22 

disorderly  conduct,  to  define  and  prevent 

sub.  1  13 

effective,   when 14 

engineers,  licensing  of sub.  5  13 

Erie  County  penitentiarj-,  may  be  conunitted 

for  violation  of sub.  2-5  15 

explosives,  to  regulate  handling  of.  .sub.  5  13 

fines  and  penalties,  collection  of.  .sub.  1-3-4  15 

food,  to  prevent  sale  of  unwholesome,  .sub.  6  13 

harbors,  etc..  to  protect su!b.  2  13 

indebtedness,  to  prescribe  method  of  incur- 
ring     su/b.  10  13 

lands,   owners  of  not  to   omit   doing  a<;ts 

required  by 16 

licenses,  various sub.  4  13 

Mayor  to  authenticate 22 

nuisances  to  prevent  and  abate sub.  6  13 

officials  to  prescribe  duties  of sub.  10  13 

ordinances  to  remain  in  force sub.  11  13 

parks,  etc.,  to  enact  relative  to  use  of.  .sub.7  13 

petition  to  repeal,  how  acted  on 31 

printed  book  of  to  be  presumptive  evidence.  22 

publication  of 14 

rabies  to  prevent  spread  of sub.  9  13 

proposed,  to  be  presented  and  published ...  32 

railroads,  motive  power  of sub.  5  13 

railroad  crossings,  flagmen  or  gates  at. sub.  5  13 

repeal  of,  petition  for  how  acted  on 31 

streets,  public  grounds,  etc.,  to  prevent  en- 
croachments on,  animals  at  large  on .  sab.  7  13 

trees,  planting,  care  of,  etc sub.  7  13 

Macant  lands  to  be  fenced sub.  7  13 

vessels  navigating  harbor  to  regulate .  sub.  2  13 


320  Index  to  Charter 

Section 

Ordinances, 

vote  required  to  pass 31 

weeds,  to  destroy sub.  7  13 

weight   and  measure,    to   punish    fraud   in 

sub.  7  13 

wires,  removal  from  streets sub.  5  13 

P 

Section 

Parks,  etc,  may  maintain 143 

Parks  and  Public  Buildings, 

Commissioners,  duties  of  vested  in  Council . .  330 
connections,  sewer,  water  and  gias,  power  to 

order  made  and  order  assessment 334 

cost  of  maintaining,  how  defrayed 333 

notice  of   intention   to   improve   roadways, 

etc.,  to  be  published 331 

park  or  parks  defined 337 

poles  or  wires  not  to  be  erected  in 335 

police  officers  continued  in  office 332 

roadways,  power  to  pone,  grade,  etc 331 

sidewalks,    authorized   to    construct,    repair 

and  remove  obstructions,  penalty 331-333 

•  trees,  authorized  to  maintain,  plant  and  care 

for    331-336 

Patented  articles  not  to  be  contracted  for. . . .  393 

Peiialties  and  fin^,  how  released 18 

Personal  injuries,  claims  for     341-344 

Petitions  for  Nomination, 

declination  or  death  of  candidate,  how  va- 
cancy shall  be  filled 78 

form  of 72 

names  of  persons  filing  petitions  to  be  pub- 
lished    76 


Index  to  Charter  321 

Section 

Petitions  for  Nomination, 

number  of  signers  required 73-74 

number  of  petitions  permitted  to  sign .....  75 

sufficiency  of  how  determined 77 

when  to  be  filed 71 

Pistols,  permits  for  carrying 260 

Plumbers,  shall  regulate  list  of  to  be  published  286 
Police  Department, 

appeal    from    conviction    of    charges,    how 

made  215d 

arrests,  powers  to  make 255 

charges,  how  made  and  trial  on 251 

Chief,  appointment  of 44 

conviction  of  charges  shall  not  be  considered. 

against    251c 

cost  of  recovering  stolen  property,  etc.,  how 

paid  254 

criminal  process  to  be  served  by 256 

dogs,  permits  to  run  at  large 261 

duty,  tours  of  shall  be  changed 250a 

election,  officers  shall  be  detailed  at  polling 

places   259 

Erie  County  shall  refund  money  to  city ....  263 

fines,  limit  of 251b 

gambling,  etc.,  authorized  to  make  arrests 

and  seize  implements 258 

government  of,  etc.,  Council  shall  prescribe .  250 
jury  or  military  duty,  persons  holding  office 

in  not  liable  to 250 

leave  of  absence,  shall  grant 250d 

members  of  force  shall  continue  in  office . .  .  251 
members  of  force  shall   possess  powers  of 

constalbles    254 

officers,  persons  not  members  shall  not  repre- 
sent     262 


322  Index  to  Charter 

Si'ctloll 

Police  Department, 

Park  Department,  police  officers  in  to  be  con- 
tinued in  office 832 

I>ay  while  sick  or  disabled,  shall  grant 250d 

pension  fund,  fees  to  be  paid  into 260-261-264 

Police  Department — Pension  Fund, 

execution,  pensions  exempt  from 264 

fees  to  be  paid  into 260-261-264 

pensions,  hoAv  granted 264 

pensioners  shall  not  hold  state  or  municipal 

positions    sub.  3  264 

retirement  of  members sub.  2-3  264 

term  of  service,  how  computed sub  3  264 

treasurer  shJail  report  annually 264 

trustees  of 264 

w^idows  and  orphans sub.  1  264 

platoons,  force  to  be  divided  into 250 

property  stolen,  authorized  to  make  search 

for 257 

property  or  money  stolen  shall  remain  in 
custody  of,  return  of,  disposition  of,  bond 
may  be  required  for  return  of.  .sub.  1-2- 

•    3-4-5-6-7-8 265 

removal    shall    not    be    made    except    upon 

charges 251 

reserve  duty,  while  on  shall  not  be  required 
to  render  services  except  in  case  of  emer- 
gency    250b 

resistance  of  officers 262 

revolvers,  permits  for  carrying. 260 

secret  service  fund,  how  provided 254 

suspension  for  misconduct 251a 

telegraph  apparatus,  shall  not  destroy 262 

trial  on  charges,  time  for 251b 

uniform,  not  required  to  wear 250d 


Index  to  Charter  323 

Section 

Police  Department — ^Penedon  Fund, 

vacations,  shall  grant. 250d 

violations  of  provisions  of  Charter,  punish- 
ment for 250c 

\\iarrants,  criminal,  chief  authorized  to  issue  253 

Poor  Department, 

fraud,  etc. 310 

liquors,  etc.,  shall  not  be  furnished 309 

orders  shall  not  be  sold 309 

records  shall  be  open  to  inspection 307 

relief,  authorized  to  grant 306-308 

superintendent,  appointment  of 44 

Primaries,  see  "Elections," 

Printing,  bids  for 26 

Prison  law,  supplies  to  be  furnished  under. . .  50 

Proceeding  by  city,  bond  not  required 389 

Proceedings  not  ratified  and  confirmed 396 

Promotions,  etc.,  how  made 45 

Public  buildings,  city  may  erect,  etc 143 

Public   grounds  may   remove   encroachments, 

etc.,  on 143 

Public  Instruction, 

board  of  education,  appointment  of,  duties 

and  powers  of 44-290 

bonds  for,  may  issue 292 

districts,  city  to  be  divided  into 291 

expenses,  how  paid 292 

high  schools  and  schools  for  manual  and 

technical  training 291 

schools,  power  to  mainftain 291 

studies,  course  of 293 

superintendent,  appointment  of.  powers  of .  .  44-290 

teachers,  how  appointed  and  paid 293 


324  Index  to  Charter 

Section 

Retirement  Fund, 

annuitants,  who  may  become sub.  1-2     296-298 

annuities,  power  to  reduce 299 

annuity,  amount  to  be  paid 297 

money  paid  into  fund  to  'be  returned 300 

moneys  to  be  paid  into 295-301-302 

teacher,    defined 304 

treasurer  of 303 

trustees  of 294 

Public  Works, 

buildings    and    premises,    may    enter    and 

examine    321 

buildings,  permits  for  erection  of,  etc 322 

bureaus  of 315 

sidewalks  to  be  repaired  and  cleaned 319 

sidewalks  and  streets,  notice  of  defects  in . . .  323 
water,  moneys  accruing  from  sale  of,  how 

used 318 

work  or  repairs  in  front  of  premises,  notice 

to  be  given .  '. 325 

0 

Section 

Quorum  of  Boards 391 

R 

Section 

iliailroad  switches  or  sidings,  permits  for  how 

granted 34 

Receivers,   cost  of   construction   of,   how  de- 
frayed   143 

Records,  etc.,  when  accepted  in  evidence 386 

Referendum, 

ballots,  kind  to  be  used 31 


Index  to  Chabtee  325 

Section 

Referendum, 

Commissioner  of  Elections  to  cause  ordi- 
nmice  to  be  pulblished 31 

franchise  to  occupy  streets,  e»bc.,  resolution 
granting,  how  presented  and  published, 
to  be  voted  on  at  special  or  generfai  elec- 
tion, cost  of  how  paid 32-33 

money,  appropriation  of  incurring  expense 
or  disposing  of  property  rights,  when  to 
be  suibmitted  to  electors 31 

money,  resolutions  appropriating  or  order- 
ing improvement,  how  presented  and  pub- 
lished   32 

ordinances,  vote  required  to  pass 31 

ordinances,  when  petition  to  repeal  is  pre- 
sented vote  shall  be  taken  on 31 

ordinances  proposed,  to  be  presented  and 

pufblished,  except  32 

petition  to  repeal  action,  how  signed,  etc., 
to  be  verified 31 

Revolvers,  permits  for  darrying 260 

Rewards,  authorized  to  offer 17 

Riots,  etc.,  powers  of  Council  to  quell 252 

s 

Section 

Seal  of  city 387 

Sewers, 

connections    144 

construction  of  in  districts,  may  pay  for  in 

installments 155 

cost  of  construction  of,  etc.,  how  defrayed. .  143 

Sidewalks, 

construction  of,  duty  relative  to 144 

cost  of  construction  of,  etc.,  how  defrayed. .  143 


326  Index  to  Charter 


Settlon 


Sidewiaiks, 

defects  in,  notice  of 323 

repairing  and  cleaning 319 

Special  Elections, 

ballot,  form  of  to  be  used 98 

canvass  of  result 99 

expenses,  how  borne 95 

funds  for,  how  provided 95 

how  called .  97 

time  and  place  of  holding,  notice  of 96 

when  to  be  held,  officials  at 94 

State  canals,  slips,  etc.,  city  has  no  jurisdiction 

over    360 

Street  Commissioner,  appointment  of 44 

Streets  and  Alleys, 

accepted  streets  defined 317 

Black   Rock,   when  closed   in   may   convey 

lands 382 

boundaries  of.  Council  shall  ascertain 358 

certified  eopj'  of  record,  to  be  evidence  of 

existence  of 4 

connection  of  pavements  in  cross  streets  to 

be  included  in  assessment  for  work 362 

continuous,  portions  bearing  different  names 

to  be  considered  as 354 

damage  caused  by  changing  grade,  how  re- 
covered     361 

defects  in,  notice  of 323 

dedicated,  wlien  deemed  to  have  been 113 

discontinue  or  contract  on  petition 354 

encroachments,  etc.,  may  remove 143 

grade,  change  of.  damage  caused  by,  how 

recovered    361 

grades  shall  'be  established  and  recorded . . .  353 


Index  to  Charter  327 

Section 

Streets  and  Alleys, 

lighting,  etc.,  may  contract  for 363 

local  improvements,  petitions  for 357 

mains,  subways  or  conduits  in,  permission  to 

lay  or  relay 324 

patented  pavement  shall  not  be  laid 393 

paving,  grading,  etc.,  cost  of  how  defrayed.  .  143 
paving  and  repaving,  cost  of,  how  divided.      143-317 

notice  of  intention sub.  1  356 

patented  pavement  shall  not  be  laid 393 

petition  for  must  be  certified  by  Assessor 

sub.  2  356 

petitions  for 357 

procedure    355 

signers  of  petitions  shall  not  be  counted  on 

new  petitions  or  remonstrances 357 

withdrawals  from  and  additions  to  petitions  357 

repairs  to,  how  paid  for 316 

sprinkling  and  cleaning,  additional 143 

worked,  shall  not  be  until  grade  is  estab- 
lished, etc 353 

Structures  unsafe,  removal  of 19 

Subpoenias,  authorized  to  issue 20-390 

Supervisors, 

election  of 70-345 

powers  of 345 

vacancy  in  office  of,  how  filled 346 

Switches  or  sidings,  permits  for,  how  granted.  34 


T 

SecMon 

Tax  districts,  Council  shall  divide  city  into. . .  110 


328  Index  to  Charter 

Section 

Taxes  and  Assessments, 

actions  to  recover,  when  to  be  commenced, 

vviho  shall  be  parties  to 175-176 

177-178 

agents,  appointment  of 131-193 

assessments,  irregular,  may  'be  reordered. . .  190 
Board  of  Settlement,  appointment  of,  duties 

and  powers  of 197-198 

199-200-201-202-203-204-205-206 

bonds,  issue  of  to  pay  for  purchases  of  city.  171 
certificate   of  sale  shaU   be   deemed   to   be 

regular  179-180 

certificates  surrendered  to  be  paid  for 189 

city  may  bid 183 

collection  of,  may  enforce  by  sale 166 

conveyance  of  lands  not  redeemed 173 

conveyance  shall  vest  all  right,  title,  etc .  . .  181 

costs  for  sale  of  fixed 182 

descriptions,  imperfect,  may  correct 191-192 

fees  allowed  purchasers 194 

lands  purchased,  possession  of 170 

lands  to  be  sold  shall  puJblish  notice 168 

lien  of 151-165 

local  assessment,  no  action  shall  be  brought 

on,   except 186 

mortgagee  or  judgment  creditor,  may  add 

amount  to  redeem  to  claims 195 

notices  to  redeem,  service  of 172 

parcels  of  land  to  be  sold  separately 167 

partial  payment  of 196 

possession  of  lands  sold,  unable  to  obtain, 

refund  shall  be  made  and  tax  reassessed . .  185 

purchasers  lat  sale  to  receive  certificate 170 

purdiasers  may  recover  amount  paid ......  174 

redemption  of 172-188 

sales,  record  of 189 


Index  to  Charter  329 

Section 
Taxes  and  Assessments, 

searches,  authorized  to  obtain 183 

state  and  county  taxes  not  affected 187 

surplus,  how  disposed  of 169 

validity  of  to  be  assumed 184 

Treasurer, 

appointment  .of 44 

banks  of  deposit  to  be  designated ^ . .  108a 

bond   of 108a 

money  to  be  paid  to 108a 

Trees,  authorized  to  maintain,  plant  and  care 

for 336 

V 

Section 
Votes  Required, 

bonds  for  school  purposes,  four-fifths 292 

fines  and  penalties  to  release  or  remit,  four- 
fifths  18 

funds,  additional  to  provide,  four-fifths. . . .  104 

liabilities  to  release,  unanimous 18 

ordinances  to  pass,  four-fifths 31 

paving  or  repaving  on  notice  of  intention, 

four-fifths sub.  1  356 

redemption  of  lands  sold  for  taxes,  unani- 
mous     188 

rewards,  authority  to  offer,  four-fifths 17 

sewers,  construction  of  part  of  in  districts 

■    to  be  paid  for  in  installments,  four-fifths.  155' 

work  or  improvement,  ordering,  four-fifths. .  50 

w 

Section 

Ward  Iboundaries 3 

"Water  Commissioner,  appointment  of 44 


330  iNDEi  TO  Charter 

s>ectiou 

Water  connections,  duty  to  make 144 

Waters  Navigable, 

Black    Rock   harbor,   authorized  to   widen, 

etc.,  expense  of,  how  defrayed 360 

bridges,  lawful  structures 359 

Buffalo  river,  a  public  highway 359 

Buffalo   river,   authorized  to   improve,   ex- 
pense of,  how  defrayed 360 

Cazenoviia  creek,  authorized  to  improve,  ex- 
pense of,  how  defrayed 360 

docks,  may  rent  or  lease 352 

ice,  authorized  to  dispose  of ;  . .  351 

jurisdiction  over 350 

obstructions,  authorized  to  cause  remox'al  of  350 
state  canals,  slips,  etc.,  city  has  no  jurisdic- 
tion over. 360 

vessels,  etc.,  authorized  to  designate  location 

of 350 

Witnesses,  authorized  to  subpoena 20 

Work  or  improvement  not  to  be  ordered  until 

notice  of  intention  has  been  published 50 

Work  on  contract,  hours  of 392 


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